Pennsylvania High Court: PHA's Immunity Claim 'Improvidently Granted'

摘要

The trial court ruled in favor of the plaintiffs, and PHA appealed to the Commonwealth Court. The Commonwealth Court partially affirmed, partially reversed the trial court's judgment, holding that PHA was negligent but ruling that there was no warranty of habitability in urban residences in the private sector. The Commonwealth Court alse said that because the PHA is a local agency, not a commonwealth agency, Ford's claim was not barred by the requirement of 42 Pennsylvania Code Section 5522(a) that notice of the claim be given within six months of the injury (notice requirement statute). The PHA appealed the Commonwealth Court's notice requirement statute decision to the Pennsylvania Supreme Court.