McSHEA v. CITY OF PHILADELPHIA

PER CURIAM.

AND NOW, this 8th day of August 2007, the Petition for Allowance of Appeal is GRANTED. The issues, rephrased for clarity, are:

(1) Whether the Commonwealth Court misapplied the pleading requirements of Pa.R.C.P. 1019 in interpreting Count 111 of Petitioner's amended complaint as asserting a tort claim rather than a contract claim?

(2) Whether the Commonwealth Court misapplied Pennsylvania law when it held that the City was immune from liability under the Tort Claims Act?