Legal Opinion

Freedman v. City of Allentown

Pennsylvania Court of Common Pleas, Lehigh County

Decided March 19, 1991No. 87-C-2806Published

1Opinion of the Court

McGINLEY, J.,

The issue has been joined by the motion of defendant for summary' judgment, raising governmental immunity. The issue before the court is whether plaintiff can evade the presumptive governmental immunity afforded defendants, either by showing a dangerous condition on city real estate or willful misconduct on the part of defendant police officers.

Summary judgment may only be granted where “the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the party…

2Cases cited16 opinions

  1. Mascaro v. Youth Study CenterSupreme Court of Pennsylvania · 1987
  2. Evans v. Philadelphia Transportation Co.Supreme Court of Pennsylvania · 1965
  3. Thorsen v. Iron and Glass BankSupreme Court of Pennsylvania · 1984
  4. Casey v. GeigerSupreme Court of Pennsylvania · 1985
  5. King Et Vir v. BreachCommonwealth Court of Pennsylvania · 1988

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