Hall v. Powers and Commonwealth
Hall v. Powers and Commonwealth
Opinion of the Court
Opinion by
This matter comes within the original jurisdiction of this Court, being a complaint in trespass filed against the Commonwealth and Thomas J. Powers, a Commonwealth employee. The plaintiff claims that she was injured when a generator, pulled by a Commonwealth owned truck, which was driven by Powers, broke free and struck the vehicle which she was driving. The Commonwealth has filed Preliminary Objections, claiming the protection of sovereign immunity from actions in trespass.
This Court has consistently and repeatedly refused to overturn the doctrine of sovereign immunity as laid down by many decisions of our Supreme Court. Our position has most recently been stated in Duquesne Light Company v. Department of Transportation, 6 Pa. Commonwealth Ct. 364, 295 A. 2d 351 (1972), and previously in Lovrinoff v. Pennsylvania Turnpike Commission, 3 Pa. Commonwealth Ct. 161, 281 A. 2d 176 (1971).
The plaintiff, however, has raised the issue here that Pennsylvania’s doctrine of sovereign immunity constitutes a denial of equal protection and due process under the United States Constitution by creating two classes of litigants; those who have a cause of action
We, therefore, sustain the Commonwealth’s preliminary objections, and the plaintiff’s complaint is hereby dismissed.
Petition for allocatur denied by the Supreme Court of Pennsylvania, October 22, 1971.
Concurring Opinion
Concurring Opinion by
I reaffirm my position as stated in Duquesne Light Company v. Department of Transportation, 6 Pa. Commonwealth Ct. 364, 295 A. 2d 351 (1972), and in the other cases cited by the majority.
Reference
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