Immunity • Political Subdivision Tort Claims Act
Metro. Edison Co. v. City of Reading, PICS Case No. 15-1609 (Pa. Commw. Oct. 15, 2015) Brobson, J. (8 pages).
Trial court erred in holding city liable in negligence in case brought by owner of electrical duct bank damaged during city excavation to repair sewer because the exception to immunity in §8542(b)(5) of the Political Subdivision Tort Claims Act did not apply where the dangerous condition derived from the conduct of city’s employees in removing soil from beneath the duct bank. Reversed.