Cacchione v. Wieczoreck

In Cacchione v. Wieczoreck, 674 A.2d 773 (Pa. Cmwlth. 1996) the driver of a city-owned truck failed to engage the handbrake, after parking it on a hill. After the driver left the truck, with its engine running, it rolled backwards into Cacchione's home. The Court ultimately held that the facts established the truck was in "operation" at the time of the accident. Cacchione, 674 A.2d at 776. Cacchione did not establish liability for a driver's failure to act. In fact, in Cacchione we expressly stated that "because the injury in this matter was caused by the movement of the entire truck, the truck was in operation at the time of the injury." Id. at 776.