Tarantino v. Allentown State Hospital

Commonwealth Court of Pennsylvania
Tarantino v. Allentown State Hospital, 16 Pa. Commw. 133 (1974)
329 A.2d 291; 1974 Pa. Commw. LEXIS 603
Kramer, Rogers, Sittting, Wilkinson

Tarantino v. Allentown State Hospital

Opinion of the Court

Opinion by

Judge Rogers,

Plaintiff Joseph M. Tarantino, administrator of the estate of Janice A. Tarantino, deceased, has filed wrongful death and survival actions against the Commonwealth of Pennsylvania, the Department of Public Welfare and the Allentown State Hospital charging the defendants with negligent and improper treatment of his decedent at Allentown State Hospital. At issue are the defendants’ preliminary objections grounded on sovereign immunity.

The complaint must be dismissed. We may not entertain suits against the Commonwealth and its agencies without the consent of the Commonwealth. Pa. Const. Art. I, §11 (1968); Biello v. Pennsylvania Liquor Control Board, 454 Pa. 179, 301 A. 2d 849 (1973). The Department of Public Welfare and the Allentown State *135Hospital, as defendants, are clearly within the scope of constitutional interdiction. McCoy v. Commonwealth, 9 Pa. Commonwealth Ct. 107, 305 A. 2d 746 (1973), aff'd per curiam, 457 Pa. 513, 326 A. 2d 396 (1974). As we have repeatedly written,1 most recently in Hart v. Spectrum Arena, Inc., 15 Pa. Commonwealth Ct. 584, 329 A. 2d 311 (1974), this court is without power to set aside the Constitution and superior appellate authority.

The defendants’ preliminary objections are sustained and the complaint dismissed.

Williams v. Commonwealth, 12 Pa. Commonwealth Ct. 384, 316 A. 2d 685 (1974); Duquesne Light Company v. Department of Transportation, 6 Pa. Commonwealth Ct. 364, 295 A. 2d 351 (1972).

Reference

Full Case Name
Joseph M. Tarantino, Administrator of the Estate of Janice A. Tarantino v. Allentown State Hospital and Commonwealth of Pennsylvania, Department of Public Welfare
Cited By
2 cases
Status
Published