Douglas v. Philadelphia Housing Authority

In Douglas v. Philadelphia Housing Authority, 134 Pa. Commw. 441, 578 A.2d 1011 (Pa. Cmwlth. 1990), plaintiffs claimed that PHA was negligent for failing to protect the users of walkways on its premises from objects falling from the upper floors of its buildings. The Court held that such a claim was barred by sovereign immunity because the accident was caused by a third person's dropping a hambone out the window, not by any condition of PHA's walkway or premises. Douglas, 578 A.2d at 1013. The Court held that the real estate exception does not apply to claims for failure to protect persons on Commonwealth property from objects thrown by third parties