Blocker v. City of Philadelphia

I respectfully dissent from the majority’s holding that the intention of the parties is determinative of whether an article is a fixture regardless of whether the article is attached or affixed to the land.

Wendy Blocker (Plaintiff) attended a performance at the Robin Hood Dell East outdoor concert hall (the Dell) in the City of Philadelphia (City). Plaintiff, using a general admission ticket, chose to sit in the middle of the fourth tier on one of two wooden bleachers in the Dell’s lawn area. Shortly thereafter, the wooden bleacher collapsed and Plaintiff fell backward to the *192ground. As a…