WURTH BY WURTH v. City of Philadelphia

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that governmental immunity can be raised by demurrer where it clearly applies
• indicating that the “facts of each case must by considered to determine whether the playground, or that portion of it at issue, constitutes largely unimproved land which, under Rivera, is covered by the Recreation Act.”
• sovereign immunity may be raised in preliminary objections where it is apparent on the face of the pleading that the cause of action does not fall within the statutory exceptions to sovereign immunity
• “[I]t is needless to prolong -6- J-A27010-17 proceedings when the matter can be correctly and quickly decided on preliminary objections in the nature of a demurrer pursuant to [Pa.R.C.P. 1028(a)(4)]. This was the rationale and holding of Greenberg, which has never been overruled.”

Source: CourtListener parenthetical corpus (CC0).