Supreme Court of Pennsylvania, 2007

McShea v. City of Philadelphia

McShea v. City of Philadelphia
Supreme Court of Pennsylvania · Decided August 8, 2007 · Per Curiam
930 A.2d 1252; 593 Pa. 361; 2007 Pa. LEXIS 1612 (Atlantic Reporter, Second Series)

McShea v. City of Philadelphia

Opinion

ORDER

PER CURIAM.

AND NOW, this 8th day of August 2007, the Petition for Allowance of Appeal is GRANTED. The issues, rephrased for clarity, are:

(1) Whether the Commonwealth Court misapplied the pleading requirements of Pa.R.C.P. 1019 in interpreting Count 111 of Petitioner’s amended complaint as asserting a tort claim rather than a contract claim?
(2) Whether the Commonwealth Court misapplied Pennsylvania law when it held that the City was immune from liability under the Tort Claims Act?

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