PRINTER'S NO. 1014
No. 913 Session of 1995
INTRODUCED BY CHADWICK, TIGUE, MELIO, VAN HORNE, LYNCH, BUNT,
LEH, SEMMEL, STABACK, HENNESSEY, E. Z. TAYLOR AND SERAFINI,
FEBRUARY 28, 1995
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 28, 1995
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for the
3 liability of the Commonwealth for damages caused by antiskid
4 materials on State highways.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 8522(b)(4) of Title 42 of the
8 Pennsylvania Consolidated Statutes is amended to read:
9 § 8522. Exceptions to sovereign immunity.
10 * * *
11 (b) Acts which may impose liability.--The following acts by
12 a Commonwealth party may result in the imposition of liability
13 on the Commonwealth and the defense of sovereign immunity shall
14 not be raised to claims for damages caused by:
15 * * *
16 (4) Commonwealth real estate, highways and sidewalks.--
17 (i) A dangerous condition of Commonwealth agency
18 real estate and sidewalks, including Commonwealth-owned
1 real property, leaseholds in the possession of a
2 Commonwealth agency and Commonwealth-owned real property
3 leased by a Commonwealth agency to private persons, and
4 highways under the jurisdiction of a Commonwealth agency,
5 except conditions described in paragraph (5).
6 (ii) All damages which arise from the use of
7 antiskid materials on a State highway, including damage
8 to windshields, whether or not the damage is caused by a
9 vehicle owned or operated by the Commonwealth.
10 * * *
11 Section 2. This act shall take effect immediately.
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