Negligence Suit Win For Port Authority of Allegheny County

Posted on: June 26th, 2012       Attorney Thomas Newell

A 2010 decision of the Commonwealth Court of Pennsylvania affirmed a jury’s decision in favor of the Port Authority of Allegheny County.  A negligence lawsuit had been filed by the Morewood Point Community Association to recover damages suffered when a landslide from a hill owned by the Port Authority damaged Association property.  The lawyers representing the plaintiffs had put the defendant on notice of a potentially dangerous condition prior to the landslide.

While the defense of sovereign immunity did not bar the lawsuit, the attorneys representing the Association could not prove that the defendant’s employees/agents performed any negligent act to cause the landslide.  While ground water flowing from the Port Authority’s real estate probably contributed to the hill’s instability, its employees did not perform any actions which caused or worsened the unstable situation.  Therefore, the jury verdict was sustained.  Morewood Point Community v. Port Authority of Allegheny County, 993 A.2d 323 (Pa. Cmwlth. 2010)

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