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COLES v. CITY OF PHILADELPHIA

United States District Court, E.D. Pennsylvania


July 14, 2004.

Dorothy Coles
v.
City of Philadelphia, et al.

The opinion of the court was delivered by: JOHN FULLAM, Senior District Judge

MEMORANDUM AND ORDER

Defendant Southeastern Pennsylvania Transportation Authority ("SEPTA") has moved for summary judgment. Although no opposition has been filed, I have considered the merits of the motion, which will be granted.

The complaint alleges that Plaintiff tripped and fell because of a defective walkway at 2201 West York Street in Philadelphia. According to interrogatory responses, Plaintiff was intending to board a SEPTA bus from the bus stop at that location. SEPTA has produced evidence showing that 2201 West York Street is owned either by Defendant CONRAIL or by thirdparty Defendant National Railroad Passenger Corporation, not by SEPTA. Because SEPTA is an agency of the Commonwealth of Pennsylvania it is protected by sovereign immunity unless one of the exceptions applies. See Chambers v. Southeastern Pennsylvania Trans. Auth., 563 A.2d 603 (Pa. Commw. 1989). As there is no evidence that SEPTA owned or leased the property in question, no exception to sovereign immunity applies. See 42 Pa. Cons. Stat. Ann. ยง 8522(b).

  For the reasons stated above, it is hereby ORDERED that SEPTA's Motion for Summary Judgment, to which no opposition was filed, is GRANTED. Plaintiff's Complaint is DISMISSED with PREJUDICE as to Defendant SEPTA ONLY.

20040714

© 1992-2004 VersusLaw Inc.



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