TTH attorneys Paul Alexander and Javier Zurita achieved a conclusive dismissal of a declaratory judgment action in the Columbia County Court of Common Pleas.  Paul and Javier represented Conyngham Township Authority and Conyngham Township in the action, which was brought under the Political Subdivision Tort Claims Act (“the Act”), now titled as Matters Affecting Government Units.  The action was initiated by two former public officials who violated the terms of their respective public official bonds.

The dismissal obtained by Paul and Javier reaffirmed the legislative intent behind the Act and the fact that it should not extend to contract-based causes of action, as the overall purpose of the Act is to limit governmental exposure to tort liability.  The Court held that the former public officials were not entitled to indemnification for an underlying suit where the injury sustained was not the result of a tort (injury to a person or property), but rather, the breach of the public official bonds.  After superb briefing on Preliminary Objections for legal insufficiency of the Complaint, and persuasive oral arguments, the Court agreed with Paul and Javier and dismissed the suit in its entirety.

Questions about this case can be directed to Javier Zurita at 267.861.7591 ext. 8513 or jzurita@tthlaw.com, or to Paul Alexander at 267.861.7587 ext. 8509 or palexander@tthlaw.com.