Brungard v. Hartman
Brungard v. Hartman
Opinion of the Court
OPINION
Appellant Karen Brungard filed a complaint in trespass against appellees, Mansfield State College and John A. Hartman, a chemistry professor at the College. The complaint alleged that Brungard was injured in an explosion in a chemistry laboratory which occurred because of the negligence of appellees.
The Commonwealth Court dismissed the complaint against Mansfield State on the basis of sovereign immunity. In Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 388 A.2d 709 (1978), we abrogated this doctrine. The order of the Commonwealth Court with respect to Mansfield State College is vacated.
The Commonwealth Court dismissed the complaint against appellee Hartman on the basis of “official immunity.” In DuBree v. Commonwealth of Pennsylvania, 481 Pa. 543, 393 A.2d at 294 (1978), this Court concluded that the liability of officials of the Pennsylvania Department of Transportation “should not have been analyzed solely on the
Order of the Commonwealth Court vacated and case remanded for proceedings consistent with this opinion.
Mr. Justice O’BRIEN and Mr. Justice POMEROY would affirm the order of the Commonwealth Court as to Mansfield State College for the reasons set forth in Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 407, 408, 388 A.2d 709, 720, 721 (1978) (O’Brien, J., dissenting; Pomeroy, J., dissenting). In all other respects, Mr. Justice O’BRIEN and Mr. Justice POMEROY join the Opinion of the Court.
We hear this appeal pursuant to the Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P.L. 673, art. II, § 203, 17 P.S. § 211.203 (Supp. 1978).
Concurring in Part
concurring and dissenting.
I concur in the opinion of the majority in so far as this Court has previously abrogated the doctrine of sovereign immunity. See Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 388 A.2d 709 (1978); nevertheless, I dissent from the opinion of the majority on the issue of official immunity for the same reasons which are set forth in my dissenting opinion in DuBree v. Commonwealth, 481 Pa. 540, 393 A.2d 293 (1978) (Nix, J., dissenting).
Reference
- Full Case Name
- Karen R. BRUNGARD, Appellant, v. John A. HARTMAN and Mansfield State College
- Cited By
- 13 cases
- Status
- Published