Pyeritz v. Commonwealth

Supreme Court of Pennsylvania

Pyeritz v. Commonwealth

969 A.2d 1183, 600 Pa. 640, 2009 Pa. LEXIS 671

CourtSupreme Court of Pennsylvania

DecidedApril 24, 2009

Docket487 WAL 2008

StatusPublished

Cited by4 cases

This text of 969 A.2d 1183 (Pyeritz v. Commonwealth) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pyeritz v. Commonwealth, 969 A.2d 1183, 600 Pa. 640, 2009 Pa. LEXIS 671 (Pa. 2009).

Pincite

Opinion

ORDER

PER CURIAM.

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 *641 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?

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