CANIZARES v. CITY OF PHILADELPHIA


162 Pa.Commw. 444 (1994)

639 A.2d 882

Emmanuel CANIZARES and Evelyn Canizares, Husband and Wife, Appellants, v. CITY OF PHILADELPHIA.

Commonwealth Court of Pennsylvania.

Decided March 10, 1994.


Attorney(s) appearing for the Case

Joseph Lurie, for appellants.

Angelo L. Scaricamazza, Jr., for appellee.

Before CRAIG, President Judge, NEWMAN, J., and LORD, Senior Judge.


NEWMAN, Judge.

Appellants, Emmanuel and Evelyn Canizares, appeal from an Order of the Court of Common Pleas of Philadelphia County denying their motion to remove a judgment of compulsory non-suit. Appellee, the City of Philadelphia (City), successfully moved for a compulsory non-suit at the close of Appellants' case in chief, maintaining that it was immune from suit pursuant to 42 Pa.C.S. § 8541 since Appellants were unable to state a cause of action that fell...

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