Today (October 9, 2014) the Pennsylvania Commonwealth Court issued two decisions involving Sovereign Immunity defenses asserted by governmental entities. In the two decisions the Court affirmed a grant of summary judgment and reversed the grant of summary judgment based upon the defense of Sovereign Immunity.
In Falor v. Southwest Pennsylvania Water Authority, Falor sued claiming that the Water Authority was negligent in failing to turn off the water to her vacant property. Falor had requested that the water be turned off. The water company went to the property but since it appeared as if the water was for 2 properties the worker decided not to turn the water off. However, neither the water company nor the water notified Falor that they had not turned off the water. Falor believing that the water had been turned off also turned off the gas. The pipes froze and burst then causing significant damage to her property. The Commonwealth Court affirmed the lower Court's ruling that under the Pennsylvania Political Tort Claims Act that the water company was immune from liability, despite their negligence, and that there was no applicable exception that applied to the facts of that case.
In Taylor v. Northeast Bradford School District, Taylor was injured when she tripped over a room divider in a gym. The lower court as in Falor granted summary judgment based upon the defense of sovereign immunity. The Commonwealth Court reversed finding that there needed to be evidence in the record to support a finding that the divider was personal property as compared to real estate. While the lower court made such a finding it was not supported by the record. Accordingly, the decision was reversed and remanded for the lower court to consider evidence on whether the divider was a fixture and thus real estate or whether it was personal property.
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