After determining which body of case law most appropriately dictates when a school district could claim immunity under the Political Subdivision Tort Claims Act, the Commonwealth Court ruled that a local school district was immune to a suit from a student who was injured when a table fell on her leg.
Because the table, which was leaning against a bleacher while Michelle Repko was in gym class, was not a fixture of the gym, it did not fall under the real property exception to immunity, Judge Renée Cohn Jubelirer said in Repko v. Chichester School District. PICS Case No. 06-1093 (Pa. Commw. Aug. 10, 2006) Cohn Jubelirer, J. (13 pages).
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