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AIKEN v. BOROUGH OF BLAWNOX

747 A.2d 1282 (2000)

Joshua D. AIKEN, Appellant, v. The BOROUGH OF BLAWNOX, a Political Subdivision; the Borough of Oakmont, a Political Subdivision; the Borough of Tarentum, a Political Subdivision, and; Newcom, a Pennsylvania Partnership of Political Subdivisions.

Commonwealth Court of Pennsylvania.

Decided March 15, 2000.

Attorney(s) appearing for the Case

James G. Gordon, Pittsburgh, for appellant.

Mark T. Caloyer, Pittsburgh, for appellees, Borough of Oakmont and Borough of Blawnox.

Before PELLEGRINI, J., FLAHERTY, J., and NARICK, Senior Judge.

NARICK, Senior Judge.

The issue presented is whether the Court of Common Pleas of Allegheny County (trial court) erred in granting the motions for summary judgment filed by the Boroughs of Blawnox and Oakmont (collectively, Appellees) holding that Appellees are entitled to immunity pursuant to Section 8541 of what is commonly called the Political Subdivision Tort Claims Act (Act), 42 Pa.C.S. § 8541. We hold that Appellees are not immune from liability as a matter...

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