By: Julia Jacobelli
On December 28, 2018, the Pennsylvania Supreme Court issued an opinion which expands on the definition of “real property,” for purposes of determining governmental immunity under the Political Subdivision Tort Claims Act.
In Brewington v. City of Philadelphia, Walter G. Smith Elementary School and The School District of Philadelphia, the Supreme Court upheld a ruling by the Commonwealth Court of Pennsylvania reversing the entry of Summary Judgment in favor of the School District. Plaintiff, Jarett Brewington (a minor) and his mother, Syeta Brewington, claimed that on May 9, 2012, Jarett was participating in a relay race during gym class at Walter G. Smith Elementary School when he tripped and fell, causing him to propel headfirst into a wall at the end of the gym. The wall was concrete, and not padded. As a result of his fall, minor plaintiff suffered a concussion, was absent from school for a period of time, and suffered headaches and memory issues.