Today (October 9, 2014) the Pennsylvania Commonwealth Court
issued two decisions involving Sovereign Immunity defenses asserted
by governmental entities. In the two decisions the Court affirmed a
grant of summary judgment and reversed the grant of summary
judgment based upon the defense of Sovereign Immunity.
In Falor v. Southwest Pennsylvania Water
Authority, Falor sued claiming that the Water Authority was
negligent in failing to turn off the water to her vacant property.
Falor had requested that the water be turned off. The water company
went to the property but since it appeared as if the water was for
2 properties the worker decided not to turn the water off. However,
neither the water company nor the water notified Falor that they
had not turned off the water. Falor believing that the water
had been turned off also turned off the gas. The pipes froze and
burst then causing significant damage to her property. The
Commonwealth Court affirmed the lower Court's
