Vince et al. v. Ringgold Sch. Dist. et al

6 Citing cases

  1. Taylor v. Curran Fromhold Corr. Facility

    Civil Action 21-cv-01110-RAL (E.D. Pa. Dec. 6, 2022)

    The municipality's negligence must cause the โ€œthe real property itself [to be] unsafe for activities for which it is used.โ€ Snyder, 562 A.2d at 312 (citing Vince by Vince v. Ringgold School District, 499 A.2d 1148 (Pa. 1987)); see also Vann v. Board of Education of the School District of Philadelphia, 76 Pa.Commw. Ct. 604 (1983).

  2. Valentino C. v. School District of Philadelphia

    CIVIL ACTION NO. 01-2097 (E.D. Pa. Jan. 30, 2004)   Cited 2 times
    Holding plaintiffs not required to exhaust administrative remedies before bringing a claim based on the district's failure to implement an IEP

    The School District is a local agency protected by the Act. See Jacoby v. Pollock, No. 97-5663-14-2, 1991 WL 429358, at *2 (Pa. Com. Pl. May 16, 1991); Vince v. Rinqqold School District, 499 A.2d 1148 (Pa.Commw. 1985). Because Plaintiffs' NIED claim does not fall into any of the enumerated exceptions to the Tort Claims Act for negligence, the Court grants the School District's summary judgment motion as to the NIED claim.

  3. Snyder v. Harmon

    522 Pa. 424 (Pa. 1989)   Cited 158 times
    Holding the failure to install lights or a barrier was not an artificial condition or defect of the real estate, so the real estate exception was inapplicable

    (3) Real Property. โ€” The care, custody or control of real property in the possession of the local agency, except that the local agency shall not be liable for damages [with exceptions not relevant here]. . . . For the limited waiver of 42 Pa.C.S.A. ยง 8542(b)(3) to apply, thereby waiving the political subdivision's immunity for negligent care of real property, there must be negligence which makes the real property itself unsafe for activities for which it is used. Vince by Vince v. Ringgold School District, 92 Pa. Commw. 598, 499 A.2d 1148 (1985). The government owned real estate must be able to afford safety not only for the activities for which the property is regularly used but also intended to be used or reasonably foreseen to be used.

  4. Mascaro v. Youth Study Center

    514 Pa. 351 (Pa. 1987)   Cited 296 times
    In Mascaro v. Youth Study Center, 514 Pa. 351, 523 A.2d 1118, 1123 (1987), another detention center case, the Court reversed the Commonwealth Court and held that Philadelphia was immune.

    Commonwealth Court has consistently held that the real estate exception imposes a standard of liability on the political subdivision to an extent no greater than that of a private landowner, and that this duty is to maintain the property safely for the activities for which it is regularly used, for which it is intended to be used, or for which it may reasonably be forseen to be used. Vann; Vince v. Ringgold School District, 92 Pa. Commw. 598, 499 A.2d 1148 (1985). Commonwealth Court has also ruled that the conduct or negligent act complained of must be directly related to the condition of the property.

  5. Schmidt v. Pa. Dep't of Transp.

    33 C.D. 2023 (Pa. Cmmw. Ct. Oct. 11, 2024)

    See 42 Pa.C.S. ยง 8542(b)(3). The Snyder Court favorably cited to decisions of this Court narrowly construing the exception. 562 A.2d at 312 (citing, e.g., Vince v. Ringgold Sch. Dist., 499 A.2d 1148 (Pa. Cmwlth. 1985)).

  6. Houston v. C. Bucks Sch. Auth

    119 Pa. Commw. 48 (Pa. Cmmw. Ct. 1988)   Cited 8 times

    Commonwealth Court has consistently held that the real estate exception imposes a standard of liability on the political subdivision to an extent no greater than that of a private landowner, and that this duty is to maintain the property safely for the activities for which it is regularly used, for which it is intended to be used, or for which it may reasonably be forseen [sic] to be used. Vann; Vince v. Ringgold School District, 92 Pa. Commw. 598, 499 A.2d 1148 (1985). Commonwealth Court has also ruled that the conduct or negligent act complained of must be directly related to the condition of the property.