Ruch v. City of Philadelphia

CRAIG, President Judge.

The City of Philadelphia, a defendant, appeals an order of the Court of Common Pleas of Philadelphia County granting summary judgment in favor of defendant Commonwealth of Pennsylvania, Department of Transportation (Commonwealth) against the city and plaintiffs Agnes and Richard Ruch, and determining that liability for the plaintiffs’ injury from a street defect could be imposed only on the city.

The facts of this case, as stipulated by all three parties, are that Agnes Ruch, while intending to cross Chestnut Street in the crosswalk, “stepped off the curb into a depres*70sio…