Walker v. Eleby

OPINION OF THE COURT

JUSTICE CASTILLE.

The issue on appeal is whether, under Section 8542(b)(7) of the Political Subdivision Tort Claims Act, 42 Pa.C.S. § 8541 et *106seq. (“Tort Claims Act” or “Act”), a municipality is responsible for the maintenance of public sidewalks abutting state highways located within that municipality and, therefore, may be liable for injuries occurring on those sidewalks. The Commonwealth Court held that where, as here, the Commonwealth’s Department of Transportation (“Department” or “Penn DOT”) is responsible for maintaining a state highway located within a municipality,…