Government Not Immune in PA School Abuse Case

Gerard Gaughan — Fri, 25 Jul 2025 16:58:40 +0000

Commonwealth Court Decision Clarifies Scope of Sexual Abuse Exception

The Commonwealth Court of Pennsylvania issued a decision of significant statewide importance on June 9, 2025, clarifying the reach of the “sexual abuse exception” to governmental immunity.

Under normal circumstances, state and local government agencies are immune from lawsuits due to the doctrine of governmental immunity. However, Pennsylvania law allows for exceptions—one of which was added in 2019. That year, the legislature created a new waiver of immunity for sexual abuse cases, provided the abuse was “caused by actions or omissions of the local agency which constitute negligence.”

Case Summary: L.F.V. v. South Philadelphia High School

In the case of L.F.V. v. South Philadelphia High School, the plaintiff alleged she was sexually abused by fellow students on school property. According to the lawsuit, the high school failed to provide proper supervision, enabling the abuse to occur.

The school district argued that immunity still applied, claiming the exception only covers abuse committed directly by government employees. However, the plaintiff contended that the exception also applies when government inaction or negligence enabled the abuse—regardless of the perpetrator.

Legislative Intent Matters: Court Agrees with the Plaintiff

The Commonwealth Court sided with the plaintiff. In its ruling, the Court emphasized that the intent of the legislature—especially as voiced by State Representative Mark Rozzi, the bill’s primary sponsor—was to ensure public institutions could be held accountable, just like private ones.

The Court found that Rep. Rozzi’s speeches and advocacy confirmed the law was meant to hold municipalities liable for failing to prevent sexual abuse. As he stated during legislative debate, the goal was to create “absolute parity in the handling of sexual abuse claims between public and private institutions.”

O’Donnell Law Offices Played a Key Role

O’Donnell Law Offices had the distinct honor of representing Rep. Mark Rozzi in this landmark appeal, helping to ensure that the legislative purpose behind the “sexual abuse exception” was correctly recognized and upheld by the Court.

If You or a Loved One Was Sexually Abused at School

Whether the abuse was committed by a teacher, fellow student, or other individual, Pennsylvania law now provides a path to justice—even against public institutions. If you or a loved one has been harmed in a school setting, contact O’Donnell Law Offices today. We have experience in holding schools accountable and will fight for the justice and compensation you deserve. Call us today for a free, confidential consultation.

The post Government Not Immune in PA School Abuse Case first appeared on O'Donnell Law.

Pedestrian Injuries: Know Your Rights and Stay Safe

Gerard Gaughan — Wed, 30 Apr 2025 16:20:56 +0000

The weather is warming up, and more and more people are spending time outside to enjoy the fresh spring air. However, as more people spend time outside, they will be sharing the road with motor vehicles. This presents a safety risk to pedestrians, and there are some things you should remember before you go out for a stroll.

Pedestrian Rules in Pennsylvania

While out walking, you are considered a pedestrian. However, it is still important to follow the rules of the road when walking down or crossing roadways. If you need to cross a roadway, the safest place to do so is at an intersection with a defined crosswalk. In many cases, these are controlled by crossing signals.

If you are walking along a roadway, Pennsylvania law requires that pedestrians use the sidewalk where one is provided and its use is practicable. When there is no sidewalk available, the law requires pedestrians to walk only upon a shoulder, and as far as practicable from the edge of the highway. Finally, where there is neither a sidewalk nor a shoulder, pedestrians must walk as near as possible to the outside edge of the roadway, and against the flow of traffic where possible.

Tips for Walking Safely

It is important to remember that, under the laws of Pennsylvania, except where in designated pedestrian areas like sidewalks and crossings, pedestrians must yield the right of way to vehicles. However, you can increase your visibility and your safety by taking a few simple steps.

Try to constrain your outdoor activities to the daytime hours where visibility is higher for drivers.
If you want or need to walk at night, invest in some simple safety devices, like a reflective vest or shoes, a head lamp, or even light-up leashes for your pet.

Injured While Walking? We Can Help.

While you can minimize your risks of injury as a pedestrian, you can never make it zero. If you are injured while out walking this spring or beyond, give O’Donnell Law Offices a call and we can evaluate your claim. O’Donnell Law Offices has decades of experience representing injured pedestrians, and we will help you understand your rights in recovering for those injuries.

What is a Personal Injury Case?

In this video, Attorney Gerard Gaughan explains what a personal injury case is and what it means for someone who has been hurt due to someone else’s negligence. With years of experience representing injured clients across Northeastern Pennsylvania, Gerard breaks down the basics—so you can better understand your rights and what to expect if you’re considering a claim.

Pedestrian Safety in Wilkes-Barre, Pennsylvania

Wilkes-Barre is a vibrant city with walkable neighborhoods, active downtown areas, and local colleges that bring many pedestrians to its streets daily. However, high-traffic zones like Public Square, River Street, and the areas around Wilkes University and King’s College also present significant risks for those on foot.

Unfortunately, pedestrian accidents in Wilkes-Barre are not uncommon. Busy intersections, limited crosswalk visibility, and distracted drivers all contribute to the danger. That’s why it’s critical for walkers to understand their rights and responsibilities under Pennsylvania law—and to stay alert, especially when crossing roadways or walking at night.

If you’ve been injured in a pedestrian accident in Wilkes-Barre, O’Donnell Law Offices can help. Our firm is based right here in Luzerne County, and we have decades of experience representing injured pedestrians throughout Northeastern Pennsylvania. We understand the local roads, the common causes of these incidents, and how to pursue justice on your behalf.

The post Pedestrian Injuries: Know Your Rights and Stay Safe first appeared on O'Donnell Law.

Gerard Gaughan - O'Donnell Law