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Dim lighting no longer a real property exception to sovereign immunity, according to Pa. Supreme Court


Baer | PA Courts
HARRISBURG – The Supreme Court of Pennsylvania has ruled that the Commonwealth cannot dodge liability through the real estate exception to sovereign immunity, in cases where its negligent design and construction created a defective and dangerous condition, and later caused injury.
The Court unanimously agreed in an April 28
Wise v. Huntingdon County Housing Development Et.Al that dimly-lit areas of properties owned by the Commonwealth are an exception to sovereign immunity from litigation, and that they are in fact “dangerous property conditions.”
It reversed an opposite-minded Commonwealth Court ruling in June 2019, one which affirmed the February 2017 trial court ruling in the Huntingdon County Court of Common Pleas. ....

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State's top court allows fall case | News, Sports, Jobs


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A Huntingdon County resident who was injured nearly eight years ago in a fall in the parking lot of the county’s Chestnut Terrace housing complex will finally get her day in court as the result of a decision Wednesday by the Pennsylvania Supreme Court.
Sharon Wise, who resided in the Chestnut Terrace complex owned by the Huntingdon County Housing Authority, was walking with her sister on the night of May 9, 2013, when she “rolled her ankle” on the edge of the sidewalk.
Wise broke her ankle, which, according to her attorney, Nathan M. Murawsky of Landsdale, was a severe injury that still gives her problems to this day. ....

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Pa. Supreme Court agrees with natural gas companies, that consumer protection law can't apply to mineral leasing disputes


Updyke Mundy | PA Courts
HARRISBURG – The Supreme Court of Pennsylvania almost unanimously sided with natural gas companies in finding that State Attorney General Josh Shapiro’s office can’t target practices connected to the leasing of mineral rights, under the auspices of the Unfair Trade Practice and Consumer Protection Law.
State Supreme Court justices issued the 6-1
ruling on March 24, in favor of Anadarko Petroleum Corporation and Chesapeake Energy Corporation, that the AG’s office cannot use the UTPCPL to take legal action on behalf of sellers against buyers.
This action reversed the rulings of lower courts in Pennsylvania.
Justices Sallie Updyke Mundy, Thomas G. Saylor, Debra Todd, Christine Donohue, David N. Wecht and Chief Justice Max Baer all voted in the affirmative, with Justice Kevin M. Dougherty casting the lone dissenting vote. ....

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