McShea v. City of Philadelphia

Supreme Court of Pennsylvania

McShea v. City of Philadelphia

930 A.2d 1252, 593 Pa. 361, 2007 Pa. LEXIS 1612

Supreme Court of Pennsylvania·Decided August 8, 2007·No. Petition 585-587 EAL 2006·Published·Cited by 2 cases

Opinion

ORDER

PER CURIAM.

AND NOW, this 8th day of August 2007, the Petition for Allowance of Appeal is GRANTED. The issues, rephrased for clarity, are:

(1) Whether the Commonwealth Court misapplied the pleading requirements of Pa.R.C.P. 1019 in interpreting Count 111 of Petitioner’s amended complaint as asserting a tort claim rather than a contract claim?

(2) Whether the Commonwealth Court misapplied Pennsylvania law when it held that the City was immune from liability under the Tort Claims Act?

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ORDER

PER CURIAM.

AND NOW, this 8th day of August 2007, the Petition for Allowance of Appeal is GRANTED. The issues, rephrased for clarity, are:

(1) Whether the Commonwealth Court misapplied the pleading requirements of Pa.R.C.P. 1019 in interpreting Count 111 of Petitioner’s amended complaint as asserting a tort claim rather than a contract claim?

(2) Whether the Commonwealth Court misapplied Pennsylvania law when it held that the City was immune from liability under the Tort Claims Act?

McShea v. City of Philadelphia, 930 A.2d 1252, 593 Pa. 361, 2007 Pa. LEXIS 1612 (Pa. 2007).

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Opinion

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