Application of Sidewalk Exception to Governmental Immunity Statute Defeats Summary Judgment Motion

Jim Thorpe, PA

In the case of Hontz v. McFarland, No. 22-CV-2524 (C.P. Carbon Co. Dec. 5, 2025 Matika, J.), the trial court denied a Motion for Summary Judgment filed by the Borough of Jim Thorpe after determining that the Borough was not immune from liability under the Political Subdivision Tort Claims Act.

According to the Opinion, the Plaintiff tripped and fell over the base of a broken pole that was affixed to a sidewalk. Two days prior to the Plaintiff’s trip and fall, there was a motor vehicle accident during which a vehicle collided with the metal pole and broke it. This left a base of the sign protruding out of the sidewalk surface by 5-6 inches. 

In response to the Motion for Summary Judgment, the Plaintiff asserted that it was permitted to proceed against the Borough under the sidewalk exception to the Political Subdivision Tort Claims Act. That exception is found at 42 Pa. C.S.A. §8542(b)(7).

Here, the court found that the Borough was not permitted to raise the defense of governmental immunity where the dangerous condition at issue was “of” the sidewalk where the defect was caused by the Borough’s failure after due notice to properly maintain or to repair the defect in question.

As such, the court denied the Borough’s Motion for Summary Judgment.

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

Source: “The Legal Intelligencer Common Pleas Case Alert” www.Law.com (Jan. 21, 2026).

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