TT&H Attorneys Scott McCarroll and Julia Morrison Win Dismissal Based on Plaintiff’s Inability to Overcome Immunity Under the Pennsylvania Political Subdivision Tort Claims Act
July 26, 2022
On June 30, 2022, Attorneys Scott McCarroll and Julia Morrison of TT&H’s Camp Hill office obtain a dismissal of their client, a local government agency, via Preliminary Objections, in connection with a fall incident that occurred on the premises of their client’s parking garage. The Plaintiff was assaulted by an “unknown assailant” upon entering the parking garage and, during the course of that assault, was “either thrown, pushed, or otherwise fell” from a level of the parking garage, sustaining injuries. Plaintiff asserted claims against the government agency for negligence in protection, as well as negligence in the design, construction and maintenance of the parking garage. Attorneys McCarroll and Morrison argued that their client was immune from suit pursuant to the Political Subdivision Tort Claims Act because Plaintiff’s injuries were caused by the acts of the third-party, i.e. the “unknown assailant,” and were not due to any negligently-created defect in the parking garage itself. Agreeing with Scott and Julia, the Court dismissed all counts, with prejudice.