MEMORANDUM
TO: Professor Atkins
FROM: E’Niyah Cruz
DATE: 3/20/2025
RE: Negligence Suit Against School District – Peter Williams Injury
Questions presented
Does Peter Williams have a viable negligence claim against the school district under
Pennsylvania law, considering his injury resulted from a dislodged pipe on a laboratory island,
and taking into account the statutory immunity granted to public entities and the distinction
between real and personal property?
Brief Answer
Peter Williams can file a lawsuit against the school district through the specific real property
definition in the Pennsylvania Political Subdivision Tort Claims Act (42 Pa.C.S. § 8541-8542)
which describes the laboratory island and attached pipe. The claim will be dismissed when courts
consider the island to be personal property since immunity protections apply to this situation. A
classification of the laboratory island and attached pipe as real property creates the possibility
that the lawsuit will proceed beyond immunity protection. To establish the validity of the claim
the relevant body of cases applying the three-part test for categorizing properties as real will
serve an essential role.
Statement of Facts
TO: Professor Atkins
FROM: E’Niyah Cruz
DATE: 3/20/2025
RE: Negligence Suit Against School District – Peter Williams Injury
Questions presented
Does Peter Williams have a viable negligence claim against the school district under
Pennsylvania law, considering his injury resulted from a dislodged pipe on a laboratory island,
and taking into account the statutory immunity granted to public entities and the distinction
between real and personal property?
Brief Answer
Peter Williams can file a lawsuit against the school district through the specific real property
definition in the Pennsylvania Political Subdivision Tort Claims Act (42 Pa.C.S. § 8541-8542)
which describes the laboratory island and attached pipe. The claim will be dismissed when courts
consider the island to be personal property since immunity protections apply to this situation. A
classification of the laboratory island and attached pipe as real property creates the possibility
that the lawsuit will proceed beyond immunity protection. To establish the validity of the claim
the relevant body of cases applying the three-part test for categorizing properties as real will
serve an essential role.
Statement of Facts
