SEPTA was immune from liability under the sovereign immunity act for injuries claimed while bus was temporarily stopped and not in "operation."

The plaintiffs were passengers on a bus owned by SEPTA when it was struck by a hit-and-run truck while it was stopped and discharging other passengers. Both plaintiffs claim injuries as a result of the impact. Because the bus was temporarily stopped, SEPTA was immune from liability under the Sovereign Immunity Act as it was not "operating" the bus at the time it was struck by a hit-and-run truck. The court held that because the temporary stop of the bus on its route was connected to the discharge of passengers, the plaintiffs were not injured while the bus was in operation.

Case Law Alert - 3rd Qtr 2010