CROWELL v. CITY OF PHILADELPHIA


531 Pa. 400 (1992)

613 A.2d 1178

Robert F. CROWELL, Administrator of the Estate of Marc Ethan Crowell, Deceased, and Robert F. Crowell and Linda Crowell as plaintiffs in their own right, Appellants, v. CITY OF PHILADELPHIA, Appellee, and Henry B. Lewis, Appellant, and Commonwealth of Pennsylvania, and Robert F. Crowell, Henry Lewis, Additional Defendant, Appellees.

Supreme Court of Pennsylvania.

Decided June 17, 1992.


Attorney(s) appearing for the Case

George F. Dale, Philadelphia, for appellants.

Richard J. Schubert, Pittsburgh, for amicus — Pa. Trial Lawyers Ass'n.

Joseph P. Lenahan, Scranton, for amicus — Pa. Defense Inst.

Nancy J. Gellman, Philadelphia, for amicus — Bell of Pa., et al.

John G. Shorall, II, Pittsburgh, for amicus — City of Pittsburgh.

Kenneth M. Jarin, Hugh J. Hutchison, Joseph C. Rudolf, Philadelphia, for amicus — Pa. League of Cities.

Mary Gay Scanlon, Lise Luborsky, Philadelphia, for appellant.

Lawrence L. Robinson, Philadelphia, for Robert F. Crowell, additional defendant.

Theodore J. Chylack, Sr. Deputy Atty. Gen., for amicus — Comm. Parties.

Daniel Sherzer, Deputy Atty. Gen., for Com.

Lawrence L. Robinson, Philadelphia, for Robert F. Crowell — additional defendant.

Charisse Lillie, City Sol., Alan C. Ostrow, Chief Asst. City Sol., for City of Philadelphia.

George F. Dale, Philadelphia, for Robert F. Crowell, et al.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.


OPINION

McDERMOTT, Justice.

Appellants come to us by allowance from an order of the Commonwealth Court which, inter alia, entered judgments non obstante veredicto, in favor of the City of Philadelphia and against appellants, 131 Pa.Cmwlth. 418, 570 A.2d 626. The basis of the Commonwealth Court ruling was that the City was immune from suit under provisions of the Governmental Immunity Act,1...

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