Nancy D. CARROLL, Administratrix of the Estate of Craig S. Breeswine, Petitioner-Plaintiff,
v.
The COUNTY OF YORK, Respondent-Defendant.
Supreme Court of Pennsylvania.https://leagle.com/images/logo.png
Argued March 2, 1981.
Reargued September 17, 1981.
Decided November 6, 1981.
Reargument Denied December 14, 1981.
Attorney(s) appearing for the Case
Charles E. Evans, Sikov & Love, Pittsburgh, for petitioner-plaintiff.
Lee C. Swartz, Harrisburg, for amicus curiae Pa. Trial Lawyers Assn.
Lewis H. Markowitz, Marc G. Tarlow, York, Leroy Zimmerman, Atty. Gen., for York County.
Marvin A. Fein, Associate City Sol., City of Pittsburgh, Pittsburgh, for intervenor.
Thomas L. Wenger, Wix, Wenger & Weidner, Harrisburg, for Pa. League of Cities, Pa. Municipal Authorities Ass'n, Pa. School Boards Ass'n, Pa. State Ass'n of Boroughs, Pa. State Ass'n of Tp. Com'rs, Pa. State Ass'n of Tp. Sup'rs, Pa. State Ass'n of County Com'rs, amicus curiae.
Alan J. Davis, City Sol., Judith N. Dean, Deputy City Sol., T. Michael Mather, Philadelphia, for City of Philadelphia, amicus curiae.
Before O'BRIEN, C.J. and ROBERTS, NIX, LARSEN, FLAHERTY, KAUFFMAN and WILKINSON, JJ.
Supreme Court of Pennsylvania.
OPINION OF THE COURT
ROBERTS, Justice.
At issue on this appeal is the constitutionality of the Political Subdivision Tort Claims Act1 enacted five years after this Court abrogated the judicially created doctrine of governmental immunity. See Ayala v. Philadelphia Board of Public Education,453 Pa. 584, 305 A.2d 877 (1973). With the exception of eight areas of activity, not including the...
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