DAVINO v. TYRONE TOWNSHIP

No. 86-S-374.

50 Pa. D. & C. 3d 121 (1989)

Davino v. Tyrone Township

Common Pleas Court of Adams County, Pennsylvania.

February 22, 1989.


Attorney(s) appearing for the Case

David K. James, for plaintiffs.

Henry O. Heiser, for defendants Tyrone Township and Edward Lee Mort.


KUHN, J., February 22, 1989.

Every law student is taught that bad facts make bad law. This case is no exception.

On March 11, 1988, we determined that defendants, Tyrone Township and Township Sewage Enforcement Officer (SEO), Edward Lee Mort, were immune from suit pursuant to 42 Pa.C.S. §8541 and §8545.

Even plaintiffs conceded that counts I and III alleging negligence must be dismissed because of those immunity provisions. At issue...

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