Legal Question in Personal Injury in Pennsylvania

A snowplow for the City of Bellevue, PA hit my son's legally parked vehicle. After a month, they are claiming sovereign immunity and will not pay for his deductible or repair. Do we have any recourse,

or could he go after the individual driver in lieu of the city? This seems very unfair. Thank you.


Asked on 3/25/10, 10:09 am

2 Answers from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

I don't believe that immunity would necessarily apply in this situation.

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Answered on 3/30/10, 10:15 am

This situation may fall under an exception to sovereign immunity: "Under Section 8522(b)(1), 42 Pa.C.S. � 8522(b)(1), sovereign immunity is waived for damages caused by the operation of any motor vehicle in the possession or control of a Commonwealth party or local agency. In Love v. City of Philadelphia, 518 Pa. 370, 543 A.2d 531 (1988), our Supreme Court interpreted the word 'operate' to mean that a vehicle must actually be in motion for the vehicle exception to apply." Mosley v. Southeastern Pennsylvania Transportation Authority, 842 A.2d 473, 475 (2003).

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Answered on 3/30/10, 10:36 am


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