City of Philadelphia v. Estate of Dennis ex rel. Dennis

I dissent from the majority opinion which in essence decides not only the law but the facts as well to defeat Dennis’ negligence claim against the City. The majority purports to distinguish Dennis’ claim from cases where the Court determined that special relationships were created between an individual and the police to invoke exception to the no-duty rule articulated in Thomas v. City of Philadelphia, 133 Pa.Commonwealth Ct. 121, 574 A.2d 1205, appeal denied, 527 Pa. 659, 593 A.2d 429 (1990). However, Dennis’ claim *244cannot be distinguished from cases where this Court has applied the exception…