JACKSON v. CITY OF PHILADELPHIA


782 A.2d 1115 (2001)

Juanita JACKSON, Appellant, v. CITY OF PHILADELPHIA and Commonwealth of Pennsylvania, Department of Transportation and Donald Riles.

Commonwealth Court of Pennsylvania.

Decided August 23, 2001.


Attorney(s) appearing for the Case

Steven D. Janel, Philadelphia, for appellant.

Alan C. Ostrow, Philadelphia, for appellee, City of Philadelphia.

Before PELLEGRINI, J., LEADBETTER, J., and McCLOSKEY, Senior Judge.


LEADBETTER, Judge.

This appeal raises a question of the proper interpretation of the utility service facilities exception to governmental immunity, specifically whether the municipal entity must own the defective equipment or object which causes the injury, or whether liability may be imposed if such equipment, although owned by a private party, is an integral part of that third party's connection and access to the municipal utility service. Plaintiff, Juanita Jackson...

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