Berger v. City of Williamsport

BROWN, J.,

This matter is before the court on the motion of defendant city of Williamsport for judgment on the pleadings or, in the alternative, summary judgment. Defendant asserts governmental immunity as an affirmative defense under 42 Pa.C.S. §8541 et seq. A defendant’s motion for judgment on the pleadings is appropriate where, under the facts alleged in the complaint, the action is barred as a matter of law. Where the allegations in the complaint bring the action within one of the exceptions to the governmental immunity of local agencies so as to state an actionable claim on the face of…