Brewington, S. v. Phila. Sch. Dist., Aplt.

JUSTICE WECHT, CONCURRING

I join in the decision that the learned Majority reaches, and I join as well in much of its thoughtful analysis. The Political Subdivision Tort Claims Act ("the Act")1 does not immunize the School District of Philadelphia from suit arising from Jarrett Brewington's injuries.

I write separately and respectfully to express disapproval of this Court's decision in Mascaro v. Youth Study Center , 514 Pa. 351, 523 A.2d 1118 (1987), a case that the Majority distinguishes, but that I would overrule. Mascaro contravenes the plain wording of the Act, has forced distortions in…