Read the attached opinion in Burnatoski v Butle Ambuance servicco- Agency .pdf

Session 13 CANVAS Gradable Assignment Read the attached opinion in Bumatoski v Butler Ambulance Service Co-Agency.pdf One of the issues here was whether or not the city was legally responsible for the acts of a driver working for a separate ambulance company in which the city had only assisted the ambulance company to obtain a federal grant to help pay for the ambulance. Under the Pennsylvania Political Subdivisions Tort Claims Act, a municipality is immune from claims such as this, unless its employee is the operator of the vehicle. The proceedings indicated that the driver was not a city employee, after which the municipality was dismissed, but the ambulance company and driver remained as defendants. Did the City control or direct the activities of the driver to the extent that the City should be liable for the manner in which he operated the vehicle at the time of the accident? Please advocate for the plaintiff or the defendant and provide the basis for your position. Bumatoski v. Butler Ambulance Service Co., 130 Pa.Cmwith. 264 (1989) 567 A.2d 1121 Appeal of PORD MOTOE COMPANY, a corporation. 130 Pa.Cmwith. 264 154 C.D. 1989 Commonwealth Court of Pennsylvenia. Tina Marie BURNATOSKI, Administratrix of the Estate of Thomas P. Barnatoski, Jr. Deceased, on behalf of the Estate of Thomas P. Bumatosld, Jr., Deceased and Tina Marie Burnatoski, Administratrix of the Estate of Thomas P. Burnatoski, Jr., Deceased, Argoed Oet. 3, v9B9. on behalf of the next of kin of Thomas P. Burnatonki, Jr., Deceased, Appellant, Decided Dec. 26, 1989. v. BUTLER AMBUT.ANCE SERVICE Oa appeal from orlers of the Court of Cominoa Poas, COMPPANY ot al. Appellers. Butlet Couaty. sustaining city's motiont for summary julgment in actiohs ariaing out of ambulance accilent, Peggy L FREED, Administratrix of the Estate the Commonwealh Coart, Nos. 154-156, 183 C. D. 1969. of Richand Freed, Deceased, on behalf of Smith. 3 . held that (1) the city was not in possessicn or the Estate and nest of kin of Richard Freed, _ control of ambolance at any time, and vehicle esception Decessed, and Pegry L. Froed in ber own right to povernmental immunity from tort lablaty thes dis not v. apply, and (2) ambelance compuny was not city's agcot. BUTLER AMEULANCE SERVICE COMPANY. City of Butler, Commonwealth of Pennsyhania, Affirmed. Department of Transportation, Carlon Seger, Cecil R. Gold, Armeo Steel Corporation, Ford Motor Compony and American Coaches, Inc. West Headnotes (5) Appeal of FORD MOTOR COMPANY. Peggy L. FREED, Administratrix of the Eatate of Richard Freed, Deceased, on behalf of the [1] Jadgment 4- Prosemptions and Buarden of Prool Estate and next of kin of Rich ard Freed, Deceased. and Pegsy I. Freed in her own right, Apperlant, Any doubts as to etallence of genuine insue of fact mest be tewolved a gainst mering purty V. and coort mast evamine recoed in light most. BUTLER AMBULANCE SERVICE OOMPANY. favorable to noemoving party. City of Butler, Commonwealth of Penasylvania. Department of Transpostation, Carlos Seger, Cecil 4 Cases that cite this healnote R. Gold, Armeo Stecl Corporation, Ford Motor Company and American Coaches, Inc, Appellees. [2] Autemotises Tina Marie BURNATOSKI, Adminstratrix Govcrement lmmanity and Waivet of the Estate of Thomas P. Bamatocki, Jr. Theteof Deceased, on behalf of the Estate of Thomas Vchicle crocption to goveramental inumanity P. Burnatoski, Jr., Deceased and Tina Marie apples cely to sitoations whare employee Burnatoski, Administratrix of the Eistate of Thomas of local agency acteally operates vehicle in P. Humatoska, Jr., Deceased, on behalf of the neat. question. 42 PaCS.A. 3543 Pbili. of kin of Thomas P. Bermatooki, Jr., Deceased. 5 Cases that cite ilis bealnote F. BUTLER AMBULANCE SFRVLCE COMPANY et al. [3] Bumatocki v. Butlor Ambelance Senvice Co. 130 Pa.Cmwtt. 264 (19to) 567 ..2d 1121 Municipal Corporations:Destricts Linguge contained in city application for Nuncy R. Winschet, with ber, John Edwans wall funds to purchase ambulance, wherein city and Ayson \&. Kirleis. Dickie. McCamny A. Chilsote. Pittsburgh, for appellantappelloe. Fond Motor Ce. agroed to maistain all equipencst for purposes of highway safety and to conduct project in Donald D. Graham. wish him. Thomas w. Kint. Itt. accordance with applicable lawy, did net bind Dillon. MoCandles \& Kine. Butler, for appeliee. City of city to sienificant level of control ever vehicle: Butict. thus. vehicle excepeion te povernmental immunity from tort tiabiility for anbulance tiefore DOYLE. PAL. ADINO and SMITIL, 13. accident was inapplicable. 42 PaC.S.A. 8542(b)(1) 6 Cases that cite this headeole SMITI1. Jadge Tina Marie Burnateski, Asery L. Freed and Ford Motor 14) Principal and Asent Company (Appellants) appeal finom orders of the Court of 4- Natere of the Relation in General Comamen Plcas of Batler Coenty austainitg the moticns Principal and Ascal for summary jadgment filod by the Ciey of Butier (Ciny). Arreemente for Appointment The trial courts eeders afe affirmod. Exitence of principal-agcn relationhip is determioed by agrecment made by partici These cases arise out of an accideat which eccurred oe definiag cifcumatances under which agent July 17, 1983 in which at ambulunce eperased by Cocil may act for principal: implicit in this R. Gold crosed over inse encoeniae trallic and cotidet relationhip is consent by principal that one with a vehicle driven by Carlos L. Seger. Thomss P. tmay act on his or her behalf and subject to his Burnatoski, Jr. and Richand Frecd, passengers in the ot ber costrol ambelance, both died as a renalt of injuries suffered in the accideat. Negligence "268 acticns were filed by 2 Cases that cite this headmote Iina Mare Burnatoski and Perry 1. Frocd in their capucitics as Administratrios of their heshunds' cotates. (5) Aatomabiles (and by Porgy 1. Freed in her own ripht) apaine the City, *- Relation of Partics Butler Ambulance Servise Cempuny (Berler Amabelasce). the Pennsylvania Departmest of Transportation, Carlos Ambulance company was not aesent of Sceer and Cocil R. Gold. Ford Moter Compuny and city, for parposes of determiaing liability American Ceaches, Inc. wene sobsequently joinod as for ambulance accidetit, absent agrectacnt whereby city assumed responsibility or additional defcndants on prodocts. liablity theorice. 2 control over day-to-day actsons of ambulance Upon *w123 motioes filed by the City, the trial ooert cotmpany as it weat about basiness of gransed summary jodgment an the premise that no providing ambulance servioes. fadicial Code, 42 Pa.C.S. I ssaM(b)(I) because the City I Cases that cte this headnote was not in posscsioe or cootrol of the ambelusce at any time The issue presented on apgeal is whether the trial Aftoencys and Law Firms coert improperly granted summary judencat because a material isve of fact exists as so whether the City had **1122 *26? Irving M. Portnoy, with him, Charles posession or control of the ambulance thas subjecting it E. Evass, Evans, Rosen, Porteoy, Qains \&. Donilhue. to liability under Soction 8542(b)(1). Appellints further Pitsburgh, for Burnatoski and Freed. coetend that a questson of fact euists as to whicther or bot Butler Ambulanee was an apeat of the Ciry and that the Bumatoski , Butler Ambulance Service Co, 130 Pa.Cmwith. 264 (1989) G67 A.2d 1921 jury should have been allowed to resolve both of these from the federal goverament toward the purchase price disputed issues. 3 and that Butler Ambelance was to be responsible for any balance. Upon delriery of the ambalance, possession III Summary judgment is only appropriateiacaves where was to be immctiately rumed over to Butler Ambulance no material facts are in dispule. "[Clourts mut not try who was responsible for hoesing the vehicle as well as disputed ispues of fact but must detereaine whether such its mechanical maintenance, operating coets, insurance issues, in fact. exist." Kocama r. A. \& J. Qoality ShopAe. expense, licensiag and registration and payment of taxes. Inc. 117 Pa.Commonwealth Cl. 9, 12.542 A.2d 637, 638 Finally, Butler Ambulance agreed that it would only allow (1988). Any doubts as to the existence of a genuine issue safe, careful and licensed drvers to operate the vehiche of fact must be resolved againit the movieg party and the and that it woold indemnify and hold the City harmless. court must examine the record in the light most favorable from any and all claima. dumages or expenses of any. to the noa-moving party. Sonysen v. Ponemhania Bowed Kind arisiog out of and +270 in conacction with the use. of Prohation and Pamole, 81 Pa. Commonwxalth Cl. 432. condition or operation of the aabbulance during the lease 473A2d753(1984) term. "269 Local governments are immune frem tort liability [2] [3 Appellants argue that the langeage contained exeept for those certain exocptions eaumerated in Soctios in the City application for fands whercin it agreod to 8542(b) of the Judicial Code. One of those exeptions maistain all equipment for purposes of hghayy safety applies to motor vehicles and provides that lability and to conduct the project in accordabce with applicable. inay result from "the operation of any motor vhide in Laws bousd the City to a *1124 significant level of the possession of control of the local agency." Section centrol over the vehicle. Appellanat further maintains that 8542(b)(1). Exceptions to governmental immuniry are to the effect of the convenants contained in the agreement be narrowly interpreted "given the expersed legislative with Buther Ambelanee was to allow the City to tictate inteat to insiate political subdivisions from tort liabelity. . to Butler Ambelanee specific duties arguably creatiag an Marcaro v. Yoush Srudr Conter, 514Pa.351,361.523A. d agency relationahip between the two, of at the very least. 1118,1123(1987). creating an iswe of fact as to whether soch a rebtionship caisted. In Jaly of 19s0, the City fikd an Application for Highway Safety Project Grant with the federal govemment to The vehicle exeeption to governmental immunity applies. obtain funds necesary to purchase the ambulinoe ealy to situations where an employee of a local agency involved in this accideat. In this application, erecuted by actually operates the vehicle ia quention. Cipuetiv. Holler. the Mayor and Finance Directer, the City agreed: 125 P. Cormanewealah C7. 678, 558 A. al 596 (1989), The Saperme Court has hel4 that the term "operation" is to That all services and equipment be strictly construed to mean actually putting a vehicle is under this project will be acquired motion. Lane r. Ciry of Philadelphia 518 Pa. 370, 543 A. ad abd maintainod for purposes of 531 (1988). In an affiatavit filed in support of its motion Highway Safety, and that the project for summary judgment, the City statei that Cecil R. Gold will be condacted in aecofdanee was net an employee of the City, and in an affidavit with applicable Commonwealth and dated October 20, 1986, Mr. Gold attests that he was Federal Laws. acting withis the course and scope of his employment with Butler Ambulasce on the date of the accident. Appellants On June 10, 1981, the City chtered into an apreenent with have presented no evidence to contradist theie sworn Batier Ambalanee in which the parties arreed that the Ciry statements, and their argument that a question of fact would act as ap applicant agency for Butler Ambulance remains as to control of the vehide must therefore fail. for the parpose of ohsainiag the funds to parshase the This Court has rejocted the argument that mere controt of ambulance and that, purseant to the zequizements of a motor vhicle by a local agency is sumkicat to trigger the Federal Highway Safety Program Act of 1966 , tide the motor vehicle exception to governmental imanuaity. to the motor vehicke would remais in the City. It was Barkry i. Boriegh of Auhurn. 100Pa.Commonwealih Cl. agreed that the City would apply the 510,000 it anticipated 110,514A.2d273,(1986), appeat dcnied, 515Pa,625,531 WESTLAW 62016 Thomsen Reiters. No claim to oeiginal US. Govemment Works: A.2d 432 (1987), Dariex x. Alermex 94 Pa Commonwealt to-dry actions of Butkr Ambulance as it went about the C. 145, 503 A.2d 93 (1986). Is efder for the ecepeion buines of providing ambulance service. enumerated in Section 842 (b) (1) to be applicable, there must he some facts indicating 271 that the vehicle was Acoondinply, the orders mantine the City's motions for operated by a government official. Danies: Caperni sammury jud gments are affinned. 14] [5] Appellants have similarly failed to peesent any evidence of a priscipal-ageat relationship between the City and Butler Ambulance. The existence of such a relationship is determinod by the apreemeat made by the AND Now, this 26ch day of December, 1989, the parties defining the circumstances under which the apent enders of the Ceont of Commoe Pheas of Batler County may act for the principol. Implicit in this relationship is sustaining the motions for summary judymeat filed by the the consert by the priscipal that oee may ast en his of her City of Butler are affirmed. behatf and subject to his or her control. Killte t t S Sted Carp. 170 F.Supp. 649 (W.D. Pa. 1959 ). The aproment of Jube. 1981 reflects so such agreemeat by either purty. The City assumed no responsibility or coatrol orer the duy130 Pa.Cmalth. 264.567 A.2d 1121 Footrotes 1 Tina Marie Burnutoske and Ford Motor Compony hane flied appeest to this Cour at Nos. 154C.0.1989 and 183C.0.1989 Sorvice Co (NV. A.D. 86-609). Ford Motor Conpury and Pegsy L. Fieed hove thed appeals to this Court at Nos. 155 C.D.1989 and 156 C.D.1989 tron a Decemeer 23. 19As order suttining the Crys motion for summary judgment in on April 27, 1963. 3 This Courts scope of review of a common ploas cout erder gating summary judgment is limited to dotemining Pa. Comnonwealth C,449, 543A.2d 1258 (18e9). Session 13 CANVAS Gradable Assignment Read the attached opinion in Bumatoski v Butler Ambulance Service Co-Agency.pdf One of the issues here was whether or not the city was legally responsible for the acts of a driver working for a separate ambulance company in which the city had only assisted the ambulance company to obtain a federal grant to help pay for the ambulance. Under the Pennsylvania Political Subdivisions Tort Claims Act, a municipality is immune from claims such as this, unless its employee is the operator of the vehicle. The proceedings indicated that the driver was not a city employee, after which the municipality was dismissed, but the ambulance company and driver remained as defendants. Did the City control or direct the activities of the driver to the extent that the City should be liable for the manner in which he operated the vehicle at the time of the accident? Please advocate for the plaintiff or the defendant and provide the basis for your position. Bumatoski v. Butler Ambulance Service Co., 130 Pa.Cmwith. 264 (1989) 567 A.2d 1121 Appeal of PORD MOTOE COMPANY, a corporation. 130 Pa.Cmwith. 264 154 C.D. 1989 Commonwealth Court of Pennsylvenia. Tina Marie BURNATOSKI, Administratrix of the Estate of Thomas P. Barnatoski, Jr. Deceased, on behalf of the Estate of Thomas P. Bumatosld, Jr., Deceased and Tina Marie Burnatoski, Administratrix of the Estate of Thomas P. Burnatoski, Jr., Deceased, Argoed Oet. 3, v9B9. on behalf of the next of kin of Thomas P. Burnatonki, Jr., Deceased, Appellant, Decided Dec. 26, 1989. v. BUTLER AMBUT.ANCE SERVICE Oa appeal from orlers of the Court of Cominoa Poas, COMPPANY ot al. Appellers. Butlet Couaty. sustaining city's motiont for summary julgment in actiohs ariaing out of ambulance accilent, Peggy L FREED, Administratrix of the Estate the Commonwealh Coart, Nos. 154-156, 183 C. D. 1969. of Richand Freed, Deceased, on behalf of Smith. 3 . held that (1) the city was not in possessicn or the Estate and nest of kin of Richard Freed, _ control of ambolance at any time, and vehicle esception Decessed, and Pegry L. Froed in ber own right to povernmental immunity from tort lablaty thes dis not v. apply, and (2) ambelance compuny was not city's agcot. BUTLER AMEULANCE SERVICE COMPANY. City of Butler, Commonwealth of Pennsyhania, Affirmed. Department of Transportation, Carlon Seger, Cecil R. Gold, Armeo Steel Corporation, Ford Motor Compony and American Coaches, Inc. West Headnotes (5) Appeal of FORD MOTOR COMPANY. Peggy L. FREED, Administratrix of the Eatate of Richard Freed, Deceased, on behalf of the [1] Jadgment 4- Prosemptions and Buarden of Prool Estate and next of kin of Rich ard Freed, Deceased. and Pegsy I. Freed in her own right, Apperlant, Any doubts as to etallence of genuine insue of fact mest be tewolved a gainst mering purty V. and coort mast evamine recoed in light most. BUTLER AMBULANCE SERVICE OOMPANY. favorable to noemoving party. City of Butler, Commonwealth of Penasylvania. Department of Transpostation, Carlos Seger, Cecil 4 Cases that cite this healnote R. Gold, Armeo Stecl Corporation, Ford Motor Company and American Coaches, Inc, Appellees. [2] Autemotises Tina Marie BURNATOSKI, Adminstratrix Govcrement lmmanity and Waivet of the Estate of Thomas P. Bamatocki, Jr. Theteof Deceased, on behalf of the Estate of Thomas Vchicle crocption to goveramental inumanity P. Burnatoski, Jr., Deceased and Tina Marie apples cely to sitoations whare employee Burnatoski, Administratrix of the Eistate of Thomas of local agency acteally operates vehicle in P. Humatoska, Jr., Deceased, on behalf of the neat. question. 42 PaCS.A. 3543 Pbili. of kin of Thomas P. Bermatooki, Jr., Deceased. 5 Cases that cite ilis bealnote F. BUTLER AMBULANCE SFRVLCE COMPANY et al. [3] Bumatocki v. Butlor Ambelance Senvice Co. 130 Pa.Cmwtt. 264 (19to) 567 ..2d 1121 Municipal Corporations:Destricts Linguge contained in city application for Nuncy R. Winschet, with ber, John Edwans wall funds to purchase ambulance, wherein city and Ayson \&. Kirleis. Dickie. McCamny A. Chilsote. Pittsburgh, for appellantappelloe. Fond Motor Ce. agroed to maistain all equipencst for purposes of highway safety and to conduct project in Donald D. Graham. wish him. Thomas w. Kint. Itt. accordance with applicable lawy, did net bind Dillon. MoCandles \& Kine. Butler, for appeliee. City of city to sienificant level of control ever vehicle: Butict. thus. vehicle excepeion te povernmental immunity from tort tiabiility for anbulance tiefore DOYLE. PAL. ADINO and SMITIL, 13. accident was inapplicable. 42 PaC.S.A. 8542(b)(1) 6 Cases that cite this headeole SMITI1. Jadge Tina Marie Burnateski, Asery L. Freed and Ford Motor 14) Principal and Asent Company (Appellants) appeal finom orders of the Court of 4- Natere of the Relation in General Comamen Plcas of Batler Coenty austainitg the moticns Principal and Ascal for summary jadgment filod by the Ciey of Butier (Ciny). Arreemente for Appointment The trial courts eeders afe affirmod. Exitence of principal-agcn relationhip is determioed by agrecment made by partici These cases arise out of an accideat which eccurred oe definiag cifcumatances under which agent July 17, 1983 in which at ambulunce eperased by Cocil may act for principal: implicit in this R. Gold crosed over inse encoeniae trallic and cotidet relationhip is consent by principal that one with a vehicle driven by Carlos L. Seger. Thomss P. tmay act on his or her behalf and subject to his Burnatoski, Jr. and Richand Frecd, passengers in the ot ber costrol ambelance, both died as a renalt of injuries suffered in the accideat. Negligence "268 acticns were filed by 2 Cases that cite this headmote Iina Mare Burnatoski and Perry 1. Frocd in their capucitics as Administratrios of their heshunds' cotates. (5) Aatomabiles (and by Porgy 1. Freed in her own ripht) apaine the City, *- Relation of Partics Butler Ambulance Servise Cempuny (Berler Amabelasce). the Pennsylvania Departmest of Transportation, Carlos Ambulance company was not aesent of Sceer and Cocil R. Gold. Ford Moter Compuny and city, for parposes of determiaing liability American Ceaches, Inc. wene sobsequently joinod as for ambulance accidetit, absent agrectacnt whereby city assumed responsibility or additional defcndants on prodocts. liablity theorice. 2 control over day-to-day actsons of ambulance Upon *w123 motioes filed by the City, the trial ooert cotmpany as it weat about basiness of gransed summary jodgment an the premise that no providing ambulance servioes. fadicial Code, 42 Pa.C.S. I ssaM(b)(I) because the City I Cases that cte this headnote was not in posscsioe or cootrol of the ambelusce at any time The issue presented on apgeal is whether the trial Aftoencys and Law Firms coert improperly granted summary judencat because a material isve of fact exists as so whether the City had **1122 *26? Irving M. Portnoy, with him, Charles posession or control of the ambulance thas subjecting it E. Evass, Evans, Rosen, Porteoy, Qains \&. Donilhue. to liability under Soction 8542(b)(1). Appellints further Pitsburgh, for Burnatoski and Freed. coetend that a questson of fact euists as to whicther or bot Butler Ambulanee was an apeat of the Ciry and that the Bumatoski , Butler Ambulance Service Co, 130 Pa.Cmwith. 264 (1989) G67 A.2d 1921 jury should have been allowed to resolve both of these from the federal goverament toward the purchase price disputed issues. 3 and that Butler Ambelance was to be responsible for any balance. Upon delriery of the ambalance, possession III Summary judgment is only appropriateiacaves where was to be immctiately rumed over to Butler Ambulance no material facts are in dispule. "[Clourts mut not try who was responsible for hoesing the vehicle as well as disputed ispues of fact but must detereaine whether such its mechanical maintenance, operating coets, insurance issues, in fact. exist." Kocama r. A. \& J. Qoality ShopAe. expense, licensiag and registration and payment of taxes. Inc. 117 Pa.Commonwealth Cl. 9, 12.542 A.2d 637, 638 Finally, Butler Ambulance agreed that it would only allow (1988). Any doubts as to the existence of a genuine issue safe, careful and licensed drvers to operate the vehiche of fact must be resolved againit the movieg party and the and that it woold indemnify and hold the City harmless. court must examine the record in the light most favorable from any and all claima. dumages or expenses of any. to the noa-moving party. Sonysen v. Ponemhania Bowed Kind arisiog out of and +270 in conacction with the use. of Prohation and Pamole, 81 Pa. Commonwxalth Cl. 432. condition or operation of the aabbulance during the lease 473A2d753(1984) term. "269 Local governments are immune frem tort liability [2] [3 Appellants argue that the langeage contained exeept for those certain exocptions eaumerated in Soctios in the City application for fands whercin it agreod to 8542(b) of the Judicial Code. One of those exeptions maistain all equipment for purposes of hghayy safety applies to motor vehicles and provides that lability and to conduct the project in accordabce with applicable. inay result from "the operation of any motor vhide in Laws bousd the City to a *1124 significant level of the possession of control of the local agency." Section centrol over the vehicle. Appellanat further maintains that 8542(b)(1). Exceptions to governmental immuniry are to the effect of the convenants contained in the agreement be narrowly interpreted "given the expersed legislative with Buther Ambelanee was to allow the City to tictate inteat to insiate political subdivisions from tort liabelity. . to Butler Ambelanee specific duties arguably creatiag an Marcaro v. Yoush Srudr Conter, 514Pa.351,361.523A. d agency relationahip between the two, of at the very least. 1118,1123(1987). creating an iswe of fact as to whether soch a rebtionship caisted. In Jaly of 19s0, the City fikd an Application for Highway Safety Project Grant with the federal govemment to The vehicle exeeption to governmental immunity applies. obtain funds necesary to purchase the ambulinoe ealy to situations where an employee of a local agency involved in this accideat. In this application, erecuted by actually operates the vehicle ia quention. Cipuetiv. Holler. the Mayor and Finance Directer, the City agreed: 125 P. Cormanewealah C7. 678, 558 A. al 596 (1989), The Saperme Court has hel4 that the term "operation" is to That all services and equipment be strictly construed to mean actually putting a vehicle is under this project will be acquired motion. Lane r. Ciry of Philadelphia 518 Pa. 370, 543 A. ad abd maintainod for purposes of 531 (1988). In an affiatavit filed in support of its motion Highway Safety, and that the project for summary judgment, the City statei that Cecil R. Gold will be condacted in aecofdanee was net an employee of the City, and in an affidavit with applicable Commonwealth and dated October 20, 1986, Mr. Gold attests that he was Federal Laws. acting withis the course and scope of his employment with Butler Ambulasce on the date of the accident. Appellants On June 10, 1981, the City chtered into an apreenent with have presented no evidence to contradist theie sworn Batier Ambalanee in which the parties arreed that the Ciry statements, and their argument that a question of fact would act as ap applicant agency for Butler Ambulance remains as to control of the vehide must therefore fail. for the parpose of ohsainiag the funds to parshase the This Court has rejocted the argument that mere controt of ambulance and that, purseant to the zequizements of a motor vhicle by a local agency is sumkicat to trigger the Federal Highway Safety Program Act of 1966 , tide the motor vehicle exception to governmental imanuaity. to the motor vehicke would remais in the City. It was Barkry i. Boriegh of Auhurn. 100Pa.Commonwealih Cl. agreed that the City would apply the 510,000 it anticipated 110,514A.2d273,(1986), appeat dcnied, 515Pa,625,531 WESTLAW 62016 Thomsen Reiters. No claim to oeiginal US. Govemment Works: A.2d 432 (1987), Dariex x. Alermex 94 Pa Commonwealt to-dry actions of Butkr Ambulance as it went about the C. 145, 503 A.2d 93 (1986). Is efder for the ecepeion buines of providing ambulance service. enumerated in Section 842 (b) (1) to be applicable, there must he some facts indicating 271 that the vehicle was Acoondinply, the orders mantine the City's motions for operated by a government official. Danies: Caperni sammury jud gments are affinned. 14] [5] Appellants have similarly failed to peesent any evidence of a priscipal-ageat relationship between the City and Butler Ambulance. The existence of such a relationship is determinod by the apreemeat made by the AND Now, this 26ch day of December, 1989, the parties defining the circumstances under which the apent enders of the Ceont of Commoe Pheas of Batler County may act for the principol. Implicit in this relationship is sustaining the motions for summary judymeat filed by the the consert by the priscipal that oee may ast en his of her City of Butler are affirmed. behatf and subject to his or her control. Killte t t S Sted Carp. 170 F.Supp. 649 (W.D. Pa. 1959 ). The aproment of Jube. 1981 reflects so such agreemeat by either purty. The City assumed no responsibility or coatrol orer the duy130 Pa.Cmalth. 264.567 A.2d 1121 Footrotes 1 Tina Marie Burnutoske and Ford Motor Compony hane flied appeest to this Cour at Nos. 154C.0.1989 and 183C.0.1989 Sorvice Co (NV. A.D. 86-609). Ford Motor Conpury and Pegsy L. Fieed hove thed appeals to this Court at Nos. 155 C.D.1989 and 156 C.D.1989 tron a Decemeer 23. 19As order suttining the Crys motion for summary judgment in on April 27, 1963. 3 This Courts scope of review of a common ploas cout erder gating summary judgment is limited to dotemining Pa. Comnonwealth C,449, 543A.2d 1258 (18e9)