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Personal Injury & Tort

Commonwealth Court of Pennsylvania
Uncategorized

Gabra v. Borough of Prospect Park — Park Pathway Is Not a ‘Street’; Borough Regains Full Governmental Immunity in Fatal Accident Case

The Commonwealth Court of Pennsylvania reversed a trial court’s denial of summary judgment and restored full governmental immunity to the Borough of Prospect Park, holding that an 11-foot-wide paved park pathway that dead-ends past a pavilion is not a “street” under the Political Subdivision Tort Claims Act’s Streets Exception—and that the Sidewalk Exception therefore also fails because there is no qualifying street to adjoin.

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