Merz v. City of Philadelphia

PELLEGRINI, Judge.

Daniel Merz, a minor, Leonard Merz and Patricia Merz (collectively, Merz) appeal from an order of the Court of Common Pleas of Philadelphia County (trial court) granting the motion of the City of Philadelphia and Robert J. Fox (collectively, the City) for judgment on the pleadings and dismissing Merz’s claims against the City under what is commonly referred to as the “Tort Immunity Act” (Act).1

*1132The facts in this case are not in dispute. On October 11, 1995, Daniel Merz was driving east on Woodhaven Road (Route 63) in the City of Philadelphia. Upon passing Woo-dhaven Road near…