Tuesday, October 06, 2009

handicapped - negligent placement of wheelchair ramp on bus - sovereign immunity

Mannella v. Port Authority of Allegheny County - Cmwlth. Court - October 6, 2009 (2-1 decision)

http://origin-www.courts.state.pa.us/OpPosting/Cwealth/out/5CD09_10-6-09.pdf

The court held that a bus driver’s alleged negligent placement of a bus wheelchair ramp does not fall within the vehicle exception to sovereign immunity under Section 8522(b)(1) of the Judicial Code, 42 Pa. C.S. §8522(b)(1), because it was undisputed that neither the bus nor the wheelchair ramp was in operation at the time of the accident.