Plaintiffs may not recover damages from SEPTA in a case where a man alleged he was injured while on a stopped bus when it was rear-ended by an uninsured motorist, a three-judge Commonwealth Court panel has ruled.
The unanimous panel in Wright v. Denny rejected the plaintiffs’ contention that the stopped vehicle was not in “operation,” and that therefore the transportation agency could not invoke sovereign immunity. The court decided that, because the bus was not moving while at a West Philadelphia stop, an application of the vehicle liability exception to sovereign immunity was precluded.
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