KILGORE v. CITY OF PHILADELPHIA


553 Pa. 22 (1998)

717 A.2d 514

Walter KILGORE and Patricia Kilgore, Appellants, v. CITY OF PHILADELPHIA, City of Philadelphia, Division of Aviation, and the King Interests Corporation and Summit Airlines, Inc., Appellees.

Supreme Court of Pennsylvania.

Decided August 21, 1998.


Attorney(s) appearing for the Case

Dale G. Larrimore, Philadelphia, for Walter and Patricia, Kilgore.

K. Reed Haywood, J. Bruce McKissock, Philadelphia, for City of Philadelphia.

Byron L. Milner, Philadelphia, for King Interests Corp.

John Dragani, Philadelphia, for J. Paolino & Sons.

Maura K. Nolan, Plymouth Meeting, for William A. Coyle, M.D.

Barbara Pennell, Nancy E. Mancheski, Philadelphia, for Colanaro Contracting Co.

Robert G. Devine, Philadelphia, for Philip Maurer, M.D. and E.M.A.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE and NIGRO, JJ.


OPINION

NIGRO, Justice.

This case presents the question of whether the City of Philadelphia is immune from liability under the Political Subdivision Tort Claims Act ("the Act"), 42 Pa.C.S. §§ 8541-8564.

Appellant, Walter Kilgore ("Kilgore"), an employee of Federal Express, was injured while working at Philadelphia International Airport. The accident occurred as Kilgore was standing by a motorized tug attached to a cargo dolly on...

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