The LIFT is the County of Erie’s shared-ride, advanced-request transportation system. The LIFT serves those who are unable to use the regular bus service and has different programs to subsidize the cost of transportation.

There is the senior citizen program paratransit (LIFT) for those 65-years-of-age or over who are unable to use a fixed route service and/or who may live further than one-fourth of a mile away from a bus route. This program allows seniors to ride to doctor’s appointments and the nearest senior center for free. The price for other trips can be as low as $1.65.

There is also a service for individuals with disabilities who live in a rural area or need a ride to the rural area, called the “e” LIFT. It offers discounted shared ride services for eligible residents. The Rural Transportation Program for Persons with Disabilities provides services for residents of Erie County, under the age of 65 with a disability defined by the Americans with Disabilities Act. Trip costs, based on the distance traveled, range from $2.90 to $6.15.

For other programs for customers with disabilities, that information may be found here: https://www.ride-the-e.com/paratransit-service/

Sovereign Immunity versus Governmental Immunity

Personal injury lawyers know that officials acting for the government, within the scope of their duties, may be immune from lawsuits. This is known by another name, “sovereign immunity,” which refers to claims against the State or the Federal Government. “Governmental immunity” refers to claims against local municipal officials or municipalities themselves.

The difference between these two Pennsylvania statutes is important when filing a lawsuit because even though the courts abolished both immunities in the 70s, the legislature brought them back in 1980 and passed the Sovereign Immunity Act and the Political Subdivision Tort Claims Act.

Sovereign Immunity Act and Political Subdivision Tort Claims Act

The Sovereign Immunity Act applies to claims against Pennsylvania State agencies and has a ceiling of $250,000 in damages for any one plaintiff or $1,000,000 for all persons injured in the same accident. Six types of damages are permitted:

• Loss of past earnings
• Pain/suffering (under limited circumstances)
• Medical/dental costs
• Loss of consortium
• Property losses (with some exceptions)
• Future loss of earnings/earning capacity

Note: Within six months after an injury and/or property damage accident, the claimant must provide written notice of a lawsuit. It must include the claimant’s name, address, location, date, and time of the accident and the address of the doctor providing any treatment. If notice is not filed within the six-month time frame, any lawsuit is barred. There are limited exceptions.

The Political Subdivision Tort Claims Act does not allow lawsuits against local municipalities, but there are some exceptions, such as:

• Control, care, custody of street lighting, trees, traffic controls which create dangerous conditions
• Control, care, custody of animals
• Control, care, custody of other’s personal property in the possession/control of a local agency
• Control, care, custody of real property in possession of a local agency
• The dangerous condition of service facilities for utilities
• The dangerous condition of streets
• The dangerous condition of sidewalks
• Any official committing willful misconduct cannot claim immunity
• Operating a vehicle

The Political Subdivision Tort Claims Act limits damages and restricts damage types that may be recovered. It also limits damages to a maximum of $500,000 by a single plaintiff or in the aggregate.

The Political Subdivision Tort Claims Act also permits recovery for loss of support, and limits recovery for pain and suffering due to: death, or only in the case of permanent disfigurement, permanent loss of a bodily function, or permanent dismemberment where dental/medical costs exceeds $1,500.

Note: If there is insurance coverage for the plaintiff’s damages, any insurance recovery must be deducted from any awards against a local government.

Both of these acts are not only confusing, but complex and subject to change regularly. The skilled legal counsel provided by Placidi, Parini, Grasinger & Page ensures that your right to sue the government is protected.