Sherman v. City of Philadelphia

I concur in the result reached by the majority to reverse the grant of summary judgment in favor of the City of Philadelphia and to return this matter to the trial court for further proceedings and trial. I must dissent, however, from the majority’s reasoning for reaching that result. As this Court explained in White v. City of Philadelphia, 712 A.2d 345 (Pa.Cmwlth.1998), the correct approach in cases where the Commonwealth’s having designated a road as a State highway is said to conflict with the “sidewalk exception” to local agency immunity contained in Section 8542(b)(7) of the Judicial…