Tokar v. Com., Dept. of Transp.
Tokar v. Com., Dept. of Transp.
Opinion of the Court
OPINION OF THE COURT
Stephen Tokar, administrator of the estate of decedent Melva Tokar, brought an action in trespass against defend
The Commonwealth Court dismissed the complaint against the Commonwealth and the Department of Transportation on the grounds of sovereign immunity. Tokar, appellant at No. 124, appealed from this portion of the court’s order.
The Commonwealth Court held that it did not have jurisdiction over the individual defendants because they were not “officers” of the Commonwealth within the meaning of section 401 of the Appellate Court Jurisdiction Act of 1970.
In Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 388 A.2d 709 (1978), we abrogated the doctrine of sovereign immunity. We therefore reverse the order of the Commonwealth Court dismissing the complaint against the Commonwealth and the Pennsylvania Department of Transportation.
On remand, the Commonwealth Court will retain jurisdiction over both the Commonwealth and the individual defendants. “Section 401(a)(1) [of the Appellate Court Jurisdiction Act] may properly be construed to give the Commonwealth Court jurisdiction as to all the defendants in a case such as this where it is alleged that the Commonwealth
Order reversed and case remanded to the Commonwealth Court for proceedings consistent with this opinion.
. We hear this appeal at No. 124 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).
. 17 P.S. § 211.401.
Dissenting Opinion
dissenting.
The Court’s disposition of these appeals is correct only if one accepts the premise that sovereign immunity may be judicially abolished. Since I cannot agree with this proposition, see Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 408, 388 A.2d 709, 721 (1978) (Pomeroy, J., dissenting), I would affirm the order of the Commonwealth Court.
Reference
- Full Case Name
- Stephen J. TOKAR, Administrator of the Estate of Melva Tokar, Deceased, v. COMMONWEALTH of Pennsylvania, Pennsylvania DEPARTMENT OF TRANSPORTATION (“PDOT”), Et Al.; Stephen J. TOKAR, Administrator of the Estate of Melva Tokar, Deceased, v. COMMONWEALTH of Pennsylvania, Pennsylvania DEPARTMENT OF TRANSPORTATION (“PDOT”), Robert S. Kopitnik, PDOT District Engineer, J. G. Yalko, PDOT County Superintendent, Tony Maruca, PDOT Assistant Superintendent, J. R. Hetrick, PDOT Employee, P. Delogier, PDOT Employee, George Bender, PDOT Employee. Appeal of Robert S. KOPITNIK, J. G. Valko, Tony Maruca, J. R. Hetrick, P. Delogier and George Bender
- Cited By
- 9 cases
- Status
- Published