Legal Opinion · Dissent

Berhane v. Southeastern Pennsylvania Transportation Authority

Commonwealth Court of Pennsylvania

Decided July 21, 1994No. 2705 C.D. 1991Published

1DissentDoyle, Judge

Our Supreme Court has clearly held that the expressed legislative intent to insulate the Commonwealth and its political subdivisions from liability requires this Court to interpret the exceptions to sovereign and governmental immunity narrowly. Mascaro v. Youth Study Center, 514 Pa. 351, 523 A.2d 1118 (1987). The majority, however, while acknowledging that principle, departs from a significant body of case law by broadly interpreting the real estate exception to sovereign immunity and by liberalizing the degree of causation that has been required to sustain a cause of action against a…

2Cases cited8 opinions

  1. Mascaro v. Youth Study CenterSupreme Court of Pennsylvania · 1987
  2. Snyder v. HarmonSupreme Court of Pennsylvania · 1989
  3. Crowell v. City of PhiladelphiaSupreme Court of Pennsylvania · 1992
  4. Bowles v. Southeastern Pennsylvania Transportation AuthorityCommonwealth Court of Pennsylvania · 1990
  5. Finn v. City of PhiladelphiaCommonwealth Court of Pennsylvania · 1994

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