Gregorzek v. Garden Spot Middle School

CULLEN, J,

Pending before the court is the motion for summary judgment filed by defendants, Garden Spot Middle School and Eastern Lancaster County School District. Defendants seek dismissal of plaintiff’s complaint on the ground that her claim against defendants is barred by the Political Subdivision Tort Claims Act, 42 Pa.C.S. §§8541 et seq. Based on the record before it, the court concludes that the area where plaintiff fell is not a “sidewalk” and, therefore, the Act does not bar this action. Accordingly, defendants’ motion for summary judgment will be denied.

*377PROCEDURAL AND FACTUAL HISTORY

Pl…