Berman v. Southeastern Pennsylvania Transportation Authority

LEADBETTER, Judge.

Robert J. Berman (appellant) appeals from an order of the Court of Common Pleas of Philadelphia County (trial court) denying appellant’s post-trial motion for removal of the nonsuit which the trial court entered in favor of the Southeastern Pennsylvania Transportation Authority (SEPTA) after determining that appellant failed to establish a cause of action under the vehicle exception to sovereign immunity, 42 Pa.C.S. §§ 8522(b)(1). The question presented is whether a bus driver’s actions in allowing a mass transit bus to become overcrowded constitute “operation” of a vehicle…