appeal from the Judgment of the Court of Common Pleas of Philadelphia, Civil at No. 1056, December Term, 1980.
Evan E. Laine, Philadelphia, for appellant.
Stephen Dittman, Philadelphia, for appellee.
Del Sole, Montemuro and Beck, JJ.
[ 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 ...