Metropolitan Edison, Aplt. v. City of Reading

OPINION

JUSTICE DONOHUE

In this appeal, we are required to construe the language of the utility service facilities exception (“Utility Exception”) to governmental immunity contained in the Political Subdivision Tort Claims Act (“Tort Claims Act”), 42 Pa.C.S. § 8542(b)(5). The Commonwealth Court concluded that where a dangerous condition of the facilities of a utility system is created by the negligent action or inaction of a local agency or its employees, the Utility Exception does not apply. Because the Commonwealth Court misconstrued both the Utility Exception and the gravamen of the lawsuit…