Appeal from the Order of the Court of Common Pleas of Philadelphia County, in case of Salvatore Graffigna v. City of Philadelphia and Southeastern Pennsylvania Transportation Authority, No. 1056 December Term, 1980.
Evan E. Laine, Krimsky, Levy Angstreich & Finney, P.C., for appellant.
Barbara R. Axelrod, Divisional Deputy in charge of Appeals, with her, Armando A. Pandola, Jr., Chief Deputy in charge of Claims, Handsel B. Minyard, City Solicitor, and Leonard R. Parks, for appellee, City of Philadelphia.
Stephen Dittmann, with him, Penny J. Scott-Sedley, for appellee, Southeastern Pennsylvania Transportation Authority.
Judges Craig and Barry, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Craig.
[ 98 Pa. Commw. Page 625]
Appellant Salvatore Graffigna appeals from an order of the Court of Common Pleas of Philadelphia County dismissing the appellant's negligence suit against the City of Philadelphia and Southeastern Pennsylvania Transportation Authority (SEPTA) for failure to comply with the notice prerequisite of 42 Pa. C.S. § 5522, providing in pertinent part:
(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,
[ 98 Pa. Commw. Page 626]
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. . . .
(2) If the statement provided for by this subsection is not filed, any civil action or proceeding commenced against the government unit more than six months after the date of injury to person or property shall be dismissed and the person to whom any such cause of action accrued for any injury to person or property shall be forever barred from proceeding further thereon within this Commonwealth or elsewhere. The court shall excuse failure to comply with this requirement upon a showing of reasonable excuse for failure to file such statement.
(3) In the case of a civil action or proceeding against a government unit other than the ...