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WALKER v. ELEBY

842 A.2d 389 (2004)

Ruth J. WALKER and Charles Walker, h/w, Appellants v. Pauline ELEBY, Zakiya Eleby, Madalyn Janeen Eleby, Clarence James Eleby and the City of Philadelphia, Appellees. Appeal of Ruth J. Walker.

Supreme Court of Pennsylvania.

Decided February 18, 2004.

Attorney(s) appearing for the Case

Francis X. Dochney, Philadelphia, for Ruth J. Walker, appellant. Alan C. Ostow, Philadelphia, for City of Philadelphia, appellee.

Before: ZAPPALA, C.J., and CAPPY, CASTILLE, NIGRO, NEWMAN, SAYLOR and EAKIN, JJ.

OPINION OF THE COURT

JUSTICE CASTILLE.

The issue on appeal is whether, under Section 8542(b)(7) of the Political Subdivision Tort Claims Act, 42 Pa.C.S. § 8541 et seq. ("Tort Claims Act" or "Act"), a municipality is responsible for the maintenance of public sidewalks abutting state highways located within that municipality and, therefore, may be liable for injuries occurring on those sidewalks. The Commonwealth Court held that where, as here...

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