Wednesday, May 5, 2021

Insufficient Lighting Found To Fall Under Real Estate Exception to Sovereign Immunity Where Tree Blocks Light from Light Pole

In the case of Wise v. Huntingdon County Housing Dev. Corp., No. 97 MAP 2019 (Pa. April 28, 2021 (Majority Op. by Baer, J.), the court ruled that insufficient lighting on a Commonwealth property relative to a slip and fall event could constitute a “dangerous condition” of the property for purposes of the real estate exception of sovereign immunity under 42 Pa. C.S.A. §8522(b)(4).   

According to the Opinion, the Plaintiff alleged that there was insufficient lighting on the property that occurred because of the location of a light pole near a tree, which was blocking the light from the light pole.  

Anyone wishing to review a copy of the Majority Opinion of this decision may click this LINK.

The Concurring Opinion by Justice Donohue can be viewed HERE.

The Concurring Opinion by Justice Wecht can be viewed HERE.

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