Burgos v. City of Philadelphia, PICS Case No. 10-3134 (C.P. Philadelphia Aug. 23, 2010) Maier, J. (8 pages).
The City of Philadelphia, pursuant to the Tort Claims Act’s utility exception, was not liable for appellant’s injuries caused when he struck a cave-in on the street because it was not responsible for the repair of a defective sewer lateral or of a state highway and therefore owed no duty to appellant. The court requested that its denial of appellant’s motion for post-trial relief be affirmed.
