Burke v. City of Bethlehem
10 A.3d 377
| Pa. Commw. Ct. | 2010Background
- Hill-to-Hill Bridge (State Route 378) sidewalk involved in Burke injury claim.
- Bridge maintenance duties shifted over time among City of Bethlehem, Commonwealth agencies, and utility entities.
- PUC/ predecessor orders repeatedly assigned sidewalk maintenance to the City; Commonwealth designation as state highway occurred in 1931 with later partial shifts.
- Burke alleged dangerous sidewalk condition due to City and DOT neglect; both moved for summary judgment.
- Common Pleas Court denied City’s summary judgment and held sidewalk within local right-of-way; found City ownership for purposes of the sidewalk exception; Department was not liable.
- This Court granted permission to appeal to review the denial of summary judgment and whether immunity was properly waived under the sidewalk exception.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether City owns the sidewalk within its right-of-way for immunity-waiver purposes | Burke: City ownership supports liability under sidewalk exception | City: Commonwealth ownership or control negates local ownership for immunity purposes | Yes; City ownership supported by facts and Walker analysis; immunity waived. |
| Whether Walker controls third-class cities or broader scope applies | Walker supports liability for sidewalks abutting state highways in third-class cities | Walker limited to first/second class; not controlling here | Walker-based reasoning applied; City liable for sidewalk maintenance. |
| Whether designation as a state highway triggers ownership by Commonwealth or preserves local ownership | Burke argues designation does not transfer ownership away from City | Commonwealth ownership not shown; City retains ownership for purposes of 8542(b)(7) | Ownership remains with municipality for purposes of the sidewalk exception; Commonwealth ownership not established. |
Key Cases Cited
- Walker v. Eleby, 577 Pa. 104 (2004) (held that the Commonwealth does not own sidewalks abutting state highways in first/second-class cities for immunity purposes; ownership stays with municipality)
- Norfolk S. Ry. Co. v. Pub. Util. Comm'n, 971 A.2d 545 (Pa.Cmwlth. 2009) (PUC has exclusive jurisdiction to allocate maintenance costs and responsibilities for railroad-highway crossings)
- Reid v. City of Philadelphia, 598 Pa. 389 (2008) (reiterates Walker’s ownership principle for sidewalks abutting state highways in city context)
- Lockwood v. City of Pittsburgh, 561 Pa. 515 (2000) (reaffirmed framework for determining ownership/maintenance responsibility for sidewalks)