City Ruled Protected by the Immunity Afforded Under the Political Subdivision Tort Claims Act

In the case of Cruz v. City of Scranton, No 2024-CV-7644 (C.P. Lacka. Co. July 28, 2025 Moyle, J.), the court granted a Defendant’s Motion for Judgment on the Pleadings in a case in which the Plaintiff sued the City of Scranton relative to the police department’s handling of the Plaintiff’s stolen motorcycle.

According to the Opinion, the Plaintiff reported that her motorcycle was stolen. The Scranton Police Department was later informed by the Reading Police Department that the motorcycle was located at an auto facility in Reading, PA.

According to the Opinion, the Scranton Police Department allegedly never notified the Plaintiff of the location of her motorcycle. The motorcycle was thereafter declared to be abandoned and accumulated impound fees. Thereafter, the Plaintiff received a bill from the auto company indicating that she owed over $15,000.00 for impound and storage fees.

In response to recieving this bill, the Plaintiff sued the City of Scranton for negligence.

The Defendant asserted immunity under the Political Subdivision Tort Claims Act found at 42 Pa. C.S.A. §8542.

While the court agreed that the City of Scranton Police Department was required by law to notify the Plaintiff regarding the recovery of the Plaintiff’s motorcycle by the Reading Police Department, the court ruled that the City of Scranton was granted immunity under the Political Subdivision Tort Claims Act.

The court rejected the Plaintiff’s attempt to assert that the case fell under the exception to immunity relative to the care, custody, or control of personal property exception. The court rejected the Plaintiff’s argument that the receipt of information regarding the status of the Plaintiff’s motorcycle constituted control over the Plaintiff’s personal property.

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


I send thanks to Attorney Paul Walker of the Clarks Summit, PA law firm of Walker Law LLC, for bringing this decision to my attention.