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Matarazzo v. Millers Mutual Group, Inc.

Commonwealth Court of Pennsylvania
927 A.2d 689 (2007)


Lucy and Vincent Matarazzo (plaintiffs) owned a vacant piece of property. In June 2003, the Matarazzos instructed the Municipal Authority of Westmoreland County (Authority) (defendant) to turn off the water at the property. An employee of the Authority stated that the water would be turned off, and the Matarazzos received a bill that noted this was the final statement from the Authority. The water was not turned off, and the pipes froze and burst during the subsequent cold weather. The property suffered damage as a result of the pipes bursting, and the Matarazzos sued the Authority for detrimental reliance. The Authority moved to dismiss the lawsuit, alleging immunity from tort actions under the governmental-immunity statute. The trial court granted the motion to dismiss, and the Matarazzos appealed to the Commonwealth Court of Pennsylvania.

Rule of Law


Holding and Reasoning (Friedman, J.)

Dissent (Leavitt, J.)

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