20 A.3d 1245
Pa. Commw. Ct.2011Background
- Weckel, administratrix for Patricia Deacher's estate, sues the Carbondale Housing Authority for wrongful death and survival damages.
- Decedent, 67, lived at South Highrise, a subsidized rental building; no skilled care or special services provided.
- Decedent died May 24, 2004, after falling from the roof; county coroner ruled the death a suicide.
- Lease obligated the Authority to maintain the building in a clean, safe, decent condition; evidence on roof access is limited to the door/hatch.
- The Authority maintained the roof door unlocked to aid in emergencies and for firefighter access, based on a 1985 policy.
- After discovery, the trial court granted summary judgment for the Authority, finding no prima facie negligence and relying on sovereign immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Weckel prove a breach of duty by the Authority? | Weckel argues unlocked roof door created dangerous condition breached duty. | Authority contends door complied with standards and was not required to be locked; no foreseeability shown. | No duty breach shown; no prima facie negligence. |
| Was Decedent's death suicide or proximately caused by the Authority's breach? | Weckel seeks to negate suicide finding and connect death to unsafe roof access. | Eyewitnesses and experts indicate Decedent pushed off or intended to fall; suicide supported. | Death found to be suicide; not caused by breach. |
Key Cases Cited
- Crosby v. Kotch, 580 A.2d 1191 (Pa. Cmwlth. 1990) (housing authority as Commonwealth agency, sovereign immunity applies unless an exception applies)
- Thornton v. Philadelphia Housing Authority, ? (Pa. Cmwlth. 2010) (real estate exception to sovereign immunity analyzed)
- Gurnari v. Luzerne County Housing Authority, 911 A.2d 236 (Pa. Cmwlth. 2006) (knowledge of dangerous condition required for real estate exception)
- Williams v. Philadelphia Housing Authority, 873 A.2d 81 (Pa. Cmwlth. 2005) (distinguishes defect causing injury from general acts of individual)
- Mascaro v. Youth Study Center, 523 A.2d 1118 (Pa. 1987) (causation and foreseeability considerations in negligence cases)
- Dean v. Department of Transportation, 751 A.2d 1130 (Pa. 2000) (sovereign immunity real estate exception analyzed; actions must cause injury)
- Brown v. Department of Transportation, 11 A.3d 1054 (Pa. Cmwlth. 2011) (commonwealth negligence elements reaffirmed)