Theofilos v. City of Hermitage

FRAMPTON, J.,

This case is before the court on preliminary objections filed by defendant, the City of Hermitage. By way of demurrer and motion to strike, defendant objects to the complaint filed by plaintiff, Alex Theofilos, on grounds that it fads to state a valid cause of action under the Political Subdivision Tort Claims Act, 42 Pa.C.S. §8541 et seq. Defendant further contends that even if its objections under the act are not successful, the allegations of negligence were not the proximate cause of plaintiff’s injuries.

In his complaint plaintiff alleges that on October 27, 1986, he was…