SELLERS v. TOWNSHIP OF ABINGTON

No. 97 MAP 2013

106 A.3d 679 (2014)

Celeste SELLERS and Richard K. Sellers, Individually and as Administrators of the Estate of Joshua David Sellers, Deceased, Appellants, v. TOWNSHIP OF ABINGTON and Officer Edward Howley, Individually and as an Employee of Township of Abington and Lt. Karl Knott, Individually and as an Employee of Township of Abington, Appellees.

Supreme Court of Pennsylvania.

Decided December 29, 2014.


Attorney(s) appearing for the Case

Laurence M. Kelly, Esq. , Kelly Law Offices for Pennsylvania Association for Justice, Amicus Curiae.

Jane Bossard Marton, Esq. , Selah Tenet Nancy Wyche, Esq. , Kornblau, Kornblau & Solomon, PC, for Celeste Sellers & Richard Sellers, Individually and Administrators of Estate of Joshua Sellers.

Christopher Paul Boyle, Esq. , John Jacob Hare , Carol Ann VanderWoude, Esq. , Marshall, Dennehey, Warner, Coleman & Goggin, P.C., for Township of Abington; Officer Edward Howley; Lt. Karl Knott.

Scott Everett Coburn, Esq. , PA State Association of Township Supervisors, for Co. Commissioners Assoc. of PA, PA Municipal League, PA St. Assoc. of Boroughs, et al.

David Lee Schwalm, Esq. , Thomas, Thomas & Hafer, L.L.P., for Fraternal Order of Police-PA State Lodge, Fraternal Order of Police-Lodge No. 5, et al.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, STEVENS, JJ.


OPINION

This is an appeal from a Commonwealth Court Opinion which affirmed the trial court's entry of summary judgment and dismissal of Appellants' wrongful death and survival action. The central issue presented is whether a local agency owes a common law or statutory duty of care to a passenger of a fleeing vehicle...

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