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North Sweickley Township v. LaValle

Township and police officer enjoyed sovereign immunity for traffic accident caused by police car parked on roadside; motor vehicle exception to Political Subdivision Tort Claims Act applies only where vehicle is in operation.

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Argued: October 10, 2001

North Sewickley Township and Raymond Peters (Appellants, collectively) have filed this interlocutory appeal from the order of the Court of Common Pleas of Beaver County (trial court), which denied Appellants’ Motion for a Judgment on the Pleadings pursuant to the motor vehicle exception to what is commonly called the Political Subdivision Tort Claims Act, 42 Pa. C.S. � 8542. We reverse.

On April 3, 1999, at approximately 2:25 a.m., Police Officer Raymond Peters was conducting a vehicle patrol on River Road in North Sewickley Township, Beaver County. Peters was travelling in a northbound direction when he observed an abandoned vehicle stopped adjacent to the southbound lane. Peters pulled over and stopped in the southbound lane, facing oncoming traffic. The police vehicle headlights were activated. Peters exited his vehicle to investigate the abandoned car. While doing so, Michael LaValle was riding his motorcycle in a southbound direction on River Road toward the police car. LaValle became disoriented and attempted to steer his motorcycle to the right side of the police car. He struck the police car and suffered serious bodily injury.

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