Summary
remanding to trial court for consideration of the governmental immunity issue in light of its decision in Sphere Drake
Summary of this case from Warner ex Rel. Warner v. LawrenceOpinion
J-60-2004.
April 15, 2004.
No. 45 EAP 2003, Appeal from the Order and Judgment Entered on July 17, 2002 by the Commonwealth Court of Pennsylvania at 2017 C.D. 2000, Reversing the Order entered August 4, 2000, as Amended August 21, 2000, in the Court of Common Pleas of Philadelphia County at February Term, 2000, No. 3144.
Prior Report: PA Supreme, 805 A.2d 21.
David Ethan Jokelson, Esq., Neil Jokelson, for L. Caplen; N. Caplen; J.C. Schecter; S. Caplen.
Paul R. Fitzmaurice, Esq., Loiuis J. Sinatra, Esq., Howard A. Rosenthal, Esq., R, Burcik; City of Philadelpia (Trustee).
Before: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.
ORDER
AND NOW, this 15th day of April, 2004, the order of the Commonwealth Court is VACATED and this matter is REMANDED to that court with the direction to REMAND this matter to the Court of Common Pleas of Philadelphia County for consideration of the governmental immunity issue in light of our decision in Sphere Drake v. Philadelphia Gas Works, 782 A.2d 510 ( Pa. 2001). Jurisdiction relinquished.
Justice NEWMAN did not participate in the consideration or decision of this case.