Background

• Appellants, Blair County officials and deputies, appeal a Blair County common pleas court order denying their preliminary objections to Burns’ complaint.
• Staton, a convicted murderer, attacked Burns in Blair County Courthouse while Burns represented Staton in post-conviction proceedings; the attack occurred on government property.
• Burns alleged negligence in security, restraints, staffing, and policy adherence by the County and its Sheriff, Prison Board, and District Attorney in transport and courtroom security.
• Burns sought damages >$50,000 against multiple County entities and officials under the Pennsylvania PSTCA, asserting a real property-based immunity exception applied.
• The common pleas court overruled the objections; the court later certified a controlling question of law for immediate appeal alleging the real property exception applied.
• This Court reverses, holding the real property exception does not apply where the injury results from a criminal act by a third party not caused by a defect in the property.

Issues

Key Cases Cited

• Mascaro v. Youth Study Center, 523 A.2d 1118 (Pa. 1987) (real estate exception limited to property defects causing injury)
• Williams v. Philadelphia Housing Authority, 873 A.2d 81 (Pa. Cmwlth. 2005) (criminal acts of third parties outside property liability; security defects not enough)