Wright v. Denny
2011 Pa. Commw. LEXIS 537
| Pa. Commw. Ct. | 2011Background
- Wrights sue SEPTA for uninsured motorist benefits under MVFRL after a June 30, 2007 bus incident where the bus was stopped at 52nd and Walnut and was rear-ended by an uninsured vehicle, injuring Joe Wright who was a passenger.
- Trial was a nonjury proceeding held September 16, 2010; issue was whether SEPTA owed UM benefits to the Wrights.
- Trial court held SEPTA was not obligated because the claim was barred by sovereign immunity.
- Wrights filed post-trial relief on October 8, 2010; relief denied, prompting this appeal.
- Appellate review concerns whether sovereign immunity is inapplicable because UM claims place the fault on the uninsured motorist, with SEPTA not required to prove SEPTA’s negligence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sovereign immunity bars the UM claim here | Wrights argue immunity is inapplicable because UM requires only driver negligence, not SEPTA negligence | SEPTA contends vehicle must be in operation for the vehicle-liability exception to apply | No; bus not in operation, so immunity applies and UM relief denied |
Key Cases Cited
- Donnelly v. Southeastern Pennsylvania Transportation Authority, 708 A.2d 145 (Pa.Cmwlth.1998) (immunity framework for SEPTA)
- Love v. City of Philadelphia, 518 Pa. 370, 543 A.2d 531 (1988) (operation requires actual motion; stopped vehicle not in operation)
- Gielarowski v. Port Authority of Allegheny County, 159 Pa.Cmwlth. 214, 632 A.2d 1054 (1993) (MVFRL and immunity construed together; stopped bus not liable for first-party benefits)
- Lowery v. Port Authority of Allegheny County, 914 A.2d 953 (Pa.Cmwlth.2006) (UM recovery requires negligence of uninsured driver; immunity not barred when no negligence by commonwealth party)
- Paravati v. Port Authority of Allegheny County, 914 A.2d 946 (Pa.Cmwlth.2006) (same principle as Lowery; uninsured motorist recovery based on driver negligence; immunity not broad)
- Martz v. Southeastern Pennsylvania Transportation Authority, 598 A.2d 580 (Pa.Cmwlth.1991) (immunity narrowly construed; policy favors immunity)
- Bruce v. Department of Transportation, 588 A.2d 974 (Pa.Cmwlth.1991) (narrow interpretation of immunity exceptions)
- Gallagher v. Bureau of Correction, 545 A.2d 981 (Pa.Cmwlth.1988) (strict construction of immunity exceptions)
- Davidow v. Anderson, 476 A.2d 998 (Pa.Cmwlth.1984) (immunity-exception context in claims against Commonwealth entities)
- Jones v. Southeastern Pennsylvania Transportation Authority, 772 A.2d 435 (Pa. 2001) (treats identical interpretations of immunity concepts across authorities)