Trial Court Denies Motion for Summary Judgment That Was Based on Traffic Controls Exception to the Political Subdivision Tort Claims Act

In the case of Haggerty v. City of Philadelphia, No. 230400850 (C.P. Phila. Co. May 27, 2026 Wright, J.), the trial court issued a Rule 1926 Opinion requesting the Superior Court to affirm the trial court’s decision denying the Defendant’s Motion for Summary Judgment under the Political Subdivision Tort Claims Act.

According to the Opinion, this matter involved an accident during which the decedent was operating a motorcycle southbound on Broad Street in Philadelphia when the tortfeasor Defendant exited a parking lot, crossed multiple lanes of traffic and attempted to reach the left-turn lanes on Broad Street and the collision occurred.

The Plaintiff filed suit against the city and the Pennsylvania Department of Transportation. Those Defendants joined in the tortfeasor driver and other Defendants.

After discovery was completed, the City of Philadelphia moved for summary judgment, arguing that the Plaintiff had failed to prove that it had notice of a dangerous traffic-control condition, failed to identify an appropriate remedial measure, and failed to show that PennDOT would accepted any proposed controls at the intersection.

Reviewing the case before it, the trial court found that the Plaintiff had produced enough evidence to create factual disputes relative to all of the arguments raised by the Defendant. The court also noted that the Plaintiff had produced expert evidence in support of the claims presented.

 The trial court asserted in its Rule 1925 Opinion that it properly denied the Defendant’s Motion for Summary Judgment in this motor vehicle accident case because the Plaintiff had produced sufficient evidence to create triable issues of fact under the traffic-control exception to the Political Subdivision Tort Claims Act.

As such, the trial court was requested the Superior Court to affirm the trial court’s denial of the city’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 (July 23, 2026).

Source of image:  Photo by Trev W. Adams on www.pexels.com.