IMMUNITY - PENNSYLVANIA

Wise v. Huntingdon County Housing Development Corporation

Supreme Court of Pennsylvania - April 28, 2021 - A.3d - 2021 WL 1661243

Pedestrian brought personal injury action against public housing entities, after she fell and was injured walking on sidewalk in front of public housing development around midnight, alleging that insufficient outdoor lighting in the sidewalk area created a dangerous condition.

The Court of Common Pleas granted summary judgment in favor of housing entities. Pedestrian appealed. The Commonwealth Court affirmed. Petition for discretionary review was granted.

The Supreme Court held that real estate exception to sovereign immunity applied to pedestrian’s claim, as a matter of law.

Alleged insufficient outdoor lighting adjacent to sidewalk in front of public housing development, stemming from existence and location of light pole, tree, and sidewalk, created allegedly dangerous condition of Commonwealth realty, so that real estate exception to sovereign immunity applied to permit personal injury claim against public housing entities brought by pedestrian who was injured when she fell while walking on sidewalk in front of public housing development around midnight.



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