Mannella v. Port Authority of Allegheny County

In Mannella v. Port Authority of Allegheny County, 982 A.2d 130 (Pa. Cmwlth. 2009), Anthony Mannella alleged that a Port Authority (Authority) bus driver negligently deployed the bus wheelchair ramp unevenly with the ground without properly securing it, causing him to fall out of his wheelchair and sustain serious injuries. The Authority filed a motion for summary judgment, contending that Mannella's injuries did not fall under the motor vehicle exception to immunity as the bus and/or the ramp was not in operation at the time of the incident. The trial court denied the Authority's motion, this court reversed the trial court. The Court stated that: We have declined to apply the vehicle liability exception in cases that did not involve the actual movement of the vehicle, including in the area of public transportation, consistently holding that a passenger's act of alighting from the steps of a bus does not involve the "operation" of a bus for purposes of the vehicle liability exception to sovereign immunity. 982 A.2d at 133. The Court further stated that we have "consistently held that to fall within the vehicle exception, the injuries must be caused by a moving vehicle or a moving part of that vehicle. Because neither the bus nor the wheel chair ramp was moving at the time of the accident, the vehicle liability exception did not apply." 982 A.2d at 134.