City of Washington v. Johns

In City of Washington v. Johns, 81 Pa. Commw. 601, 474 A.2d 1199 (Pa. Cmwlth. 1984), the property owners and tenants filed an action against the city under "the sewer system" exception to governmental immunity set forth in former Section 202(b)(5) of the Act of November 26, 1978, P.L. 1399, as amended, 53 P.S. 5311.202(b)(5). Section 202(b)(5) was repealed by Section 333 of the Act of October 5, 1980, P.L. 693. A similar provision is now found in Section 8542(b)(5) of the Judicial Code. The plaintiffs alleged that their property was damaged when the city's storm drainage system overflowed into the basement of their home during a heavy rainstorm. The evidence showed that the city sewer drainage system was filled with dirt and mud and that as a result, storm water had previously backed into the plaintiffs' basement numerous times. The evidence also demonstrated that the city had been asked several times to correct the problem with the sewer system. The trial court determined after a nonjury trial that the city was liable for the damages, and this court affirmed. The Court noted that at common law, municipalities are liable for injuries resulting from negligent construction of a sewer system or for failure to keep the system in repair, although they may not be held liable for damages resulting from the inadequacy of the sewer system. The court concluded that the evidence demonstrated more than mere inadequacy of the sewer system and was sufficient to establish the city's negligent maintenance of the sewer system, which created a dangerous condition. The evidence also established that the city had notice of the dangerous condition and that the risk of injury was reasonably foreseeable.