# Heifetz v. Philadelphia State Hospital

> Supreme Court of Pennsylvania · October 5, 1978 · 482 Pa. 386

URL: https://www.frixlaw.com/law-library/cases/9650238

## Case

- **Full name:** Melvin HEIFETZ and Arnold Levit T/A Commodore Apartments, Appellants, v. PHILADELPHIA STATE HOSPITAL, A. S. Tornay, M.D. and Daniel Blain, M.D.
- **Court:** Supreme Court of Pennsylvania
- **Decided:** October 5, 1978
- **Citations:** 482 Pa. 386; 393 A.2d 1160; 1978 Pa. LEXIS 978
- **Precedential status:** Published
- **Opinion:** Concurring in part by Pomeroy
- **Judges:** Eagen, O'Brien, Roberts, Pomeroy, Nix, Manderino, Larsen
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9650238

## How later opinions describe it (automated extraction)

- noting "immunity from suit is an affirmative defense"

## Opinion text

*391 POMEROY, Justice,
concurring and dissenting.
Although I join in the majority’s reversal of the order of the Commonwealth Court as to the individual defendants in this case, see Freach v. Commonwealth, 471 Pa. 558, 567-69 , 370 A.2d 1163 (1977), I remain of the view that this Court does not have the power to abolish sovereign immunity, see Freach, supra, 471 Pa. at 565-67 , 370 A.2d 1167 -68; Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 409 , 388 A.2d 709, 721 (1978) (Pomeroy, J., dissenting), and would therefore affirm the order of the Commonwealth Court as to the appellee Philadelphia State Hospital.
EAGEN, C. J., and O’BRIEN, J., join in this opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9650238. Public record. Not legal advice.