United States District Court, E.D. Pennsylvania
July 14, 2004.
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. § 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.
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