Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

SALVATORE GRAFFIGNA v. CITY PHILADELPHIA AND SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY (02/07/86)

filed: February 7, 1986.

SALVATORE GRAFFIGNA, APPELLANT,
v.
CITY OF PHILADELPHIA AND SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY



appeal from the Judgment of the Court of Common Pleas of Philadelphia, Civil at No. 1056, December Term, 1980.

COUNSEL

Evan E. Laine, Philadelphia, for appellant.

Stephen Dittman, Philadelphia, for appellee.

Del Sole, Montemuro and Beck, JJ.

Author: Del Sole

[ 351 Pa. Super. Page 75]

On December 8, 1978 the Appellant, Salvatore Graffigna, was held up and shot by an unidentified assailant in the SEPTA subway station at Broad and Race Streets in Philadelphia. Approximately two years later he filed suit against both the City of Philadelphia*fn1 and SEPTA alleging negligence because of inadequate security provisions in the subway concourse. SEPTA filed a motion for judgment on the pleadings, arguing that the Appellant had failed to comply with the six month notice requirement of 42 Pa.C.S.A. § 5522. The statute provides:

§ 5522. Six months limitation

(a) Notice prerequisite to action against government unit.

(1) Within six months from the date that any injury was sustained or any cause of action accrued, any person who is about to commence any civil action or proceeding within this Commonwealth or elsewhere against a government unit for damages on account of any injury to his person or property under Chapter 85 (relating to matters affecting government units) or otherwise shall file in the office of the government unit and if the action is against a Commonwealth agency for damages, then also file in the office of the Attorney General, a statement in writing, signed by or in his behalf, setting forth:

[ 351 Pa. Super. Page 76]

(i) The name and residence address of the person to whom the cause of action has accrued.

(ii) The name and residence address of the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.