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PHILADELPHIA POLICE DEPT. v. GRAY

534 Pa. 467 (1993)

633 A.2d 1090

CITY OF PHILADELPHIA, POLICE DEPARTMENT, Appellant, v. Joan GRAY, Appellee. Kathleen WILLIAMS, Appellant, v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, and City of Philadelphia, Appellees.

Supreme Court of Pennsylvania.

Decided November 3, 1993.

Attorney(s) appearing for the Case

Alan C. Ostrow, Deputy City Sol., for appellant City of Philadelphia Police Dept.

George J. O'Neill, Philadelphia, for appellant Kathleen Williams.

Edward T. Rostick, Lawrence R. Scheetz, Richboro, for appellee Joan Gray.

Rosalind T. Kaplan, Philadelphia, for amicus — Pennsylvania Trial Lawyers Ass'n.

Joan A. Zubras, Philadelphia, for S.E.P.T.A.

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

OPINION

ZAPPALA, Justice.

The controlling question common to these consolidated appeals is whether the Political Subdivision Tort Claims Act, 42 Pa.C.S. § 8541 et seq., precludes the waiver of governmental immunity found in Philadelphia Code Section 21-701. We will also address an additional question raised in Kathleen Williams v. SEPTA and the City of Philadelphia, which is whether the trial court erred in refusing to enter judgment N...

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