Pyeritz v. Commonwealth

While I concur with the majority’s decision to affirm the Superior Court, I do not believe the analysis of negligent spoliation of evidence effectively disposes of all the issues on which we granted allocatur, namely:(1) Whether the personal property exception to state sovereign immunity, 42 Pa.C.S.A. § 8522(b)(3), applies only if the property in question causes the plaintiffs injuries, or does it suffice that plaintiffs injuries are caused by the Commonwealth’s care, custody, or control of the property?(2) Whether genuine issues of material fact exist which would preclude the entry of…