Opinion
No. 487 WAL 2008.
April 24, 2009.
Petition for Allowance of Appeal No. 487 WAL 2008 from the Commonwealth Court.
Prior Report: Pa.Cmwlth., 956 A.2d 1075.
ORDER
And now, this 24th day of April, 2009, the Petition for Allowance of Appeal is GRANTED. The issues, which we have rephrased for clarity, are:
(1) Whether the personal property exception to state sovereign immunity, 42 Pa.C.S.A. § 8522(b)(3), applies only if the property in question causes the plaintiffs injuries, or does it suffice that plaintiffs injuries are caused by the Commonwealth's care, custody, or control of the property?
(2) Whether genuine issues of material fact exist which would preclude the entry of summary judgment?
(3) Whether the State Police breached an implied contract for bailment of evidence which was Petitioners' personal property, thus subjecting the State Police to liability if the evidence was subsequently negligently destroyed?
(4) Whether Pennsylvania recognizes, and if so whether Petitioners have alleged, a cause of action for negligent spoliation of evidence?