Under 42 Pa. C.S. § 8541, a school district is entitled to immunity from certain suits.  In M.M. v. E. Stroudsburg Sch. Dist. & Jane Doe, the plaintiff tried to assert a real estate exception to the rule, but failed to allege the necessary facts to support the exception.

In M.M., students at J.T. Lambert were participating in a fire evacuation drill from the rear of a school bus. When M.M. attempted to exit through the back door, she fell to the surface of the parking lot and injured her ankle.  M.M. sued the bus driver School District for negligence.  The District filed preliminary objections claiming local agency immunity.  M.M. responded claiming the “real estate exception” permitted her claim.  The real estate exception, created by 42 Pa. C.S. § 8542(b)(3), states that liability may be imposed on political subdivisions or local agencies, such as a public school district, when the alleged harm was caused by “the care, custody or control of real property in the possession of the local agency.”  The exception imposes a standard of liability akin to private landowners on political subdivisions.  They are required to maintain real property within their care, custody, or control for the activities it is ordinarily used or for activities that the property is reasonably anticipated to be used.  However, the alleged conduct or negligence must be directly related to a condition of the property.

In this case, M.M. failed to set forth any factual averments or allegations relating to a defective surface of the J.T. Lambert parking lot.  She did not allege any defect, or that it was not suitable for its ordinary purpose.  Therefore, the real estate exception did not apply, and the District and its bus driver were entitled to local agency immunity.

Thanks to Robert Turchick for his contribution to this post.