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MICKLE v. CITY OF PHILADELPHIA

550 Pa. 539 (1998)

707 A.2d 1124

Fred MICKLE, Appellee, v. CITY OF PHILADELPHIA, Appellant.

Supreme Court of Pennsylvania.

Decided February 25, 1998.

Attorney(s) appearing for the Case

Alan C. Ostrow, Philadelphia, for City of Philadelphia.

Paul J. Drucker, Philadelphia, for Fred Mickle.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE and NIGRO, JJ.

OPINION

NIGRO, Justice.

Appellee Fred Mickle was injured while a passenger in a City of Philadelphia vehicle. Mickle sued the City of Philadelphia for damages. The parties filed cross-motions for summary judgment as to whether the City is immune from liability. The lower courts found that the City is not immune from suit because Mickle's claims fall within the motor vehicle exception to governmental immunity. The Commonwealth Court thus affirmed the...

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