Barr v. City & County of Philadelphia

I respectfully dissent to the majority’s conclusion that the trial court did not err in its refusal to grant the City’s motion for judgment n.o.v. I believe that “willful or malicious failure to guard or warn” is synonymous with “willful misconduct” and therefore disagree with the majority’s conclusion that Section 8542(a) of the Judicial Code (Code), 42 Pa.C.S. § 8542(a), does not bar suit in the present matter against the City.

Section 3 of the Recreational Use of Land and Water Act (Recreation Act),1 68 P.S. § 477-3, provides:

Except as specifically recognized or provided in section 6 of…