A pedestrian brought a personal injury action against political subdivisions after falling while walking on a sidewalk in front of a public housing development around midnight. The plaintiff alleged that insufficient outdoor lighting in the sidewalk area created a dangerous condition. The trial court granted the political subdivision's motion for summary judgment, finding that the only exception to sovereign immunity available was the real estate exception pursuant to the PSTCA, which requires a dangerous condition "derive, originate from or have as its source the Commonwealth realty[,]" but found "insufficient lighting is not a condition or defect of the land itself." Thus, sovereign immunity barred the claim.
he Commonwealth Court affirmed, holding that the political subdivision may have duty to light naturally dark exterior areas, but sovereign immunity barred liability for a breach of that duty.
The Pennsylvania Supreme Court reversed. The court held that the plaintiff sufficiently alleged a "dangerous condition" resulting from insufficient outdoor lighting and such condition was "derived, originated from or has its source" from Commonwealth realty given the relative position of the light pole, tree and sidewalk. Court further held, when a political subdivision installs lighting as part of real estate, sovereign immunity is waived if the agency's negligent installation and design creates dangerous condition.
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