Kennedy v. City of Philadelphia

CAESAR, J.,

MEMORANDUM OPINION AND ORDER

Defendant city of Philadelphia asserts that this court erred in its legal analysis of both the “trees, traffic controls and street lighting” exception to the city’s general governmental immunity and in its analysis of the legal concept of notice. Plaintiffs John R. Kennedy, administrator of the estate of Kathleen Kennedy, deceased and Lewis Scott, an incompetent by Cora Smith, his guardian ad litem ask this court to mold the verdict with regard to the $500,000 cap on the city’s liability as well as to award delay damages pursuant to Pa.R.CP. 238. Having…