distinguishing between entity that is instrumentality of commonwealth, which is not necessarily entitled to claim sovereign immunity, and integral part of commonwealth, which is
How later courts described this case
- distinguishing between entity that is instrumentality of commonwealth, which is not necessarily entitled to claim sovereign immunity, and integral part of commonwealth, which is
- declaring Turnpike Commission unentitled to sovereign immunity although it was constituted as an "instrument of the Commonwealth" and performed "an essential government function of the Commonwealth"
- it has been the "trend in recent years to do away with immunities from suit which are neither constitutionally or statutorily compelled”
- dissenting opinion of Roberts, J., joined by Nix, J.
Written by the judges who cited it.
Distinguished
Distinguished by Poklemba v. Shamokin State General Hospital, 21 Pa. Commw. 301 (1975)
Specter, however, is inapposite to the instant controversy.
The opinion
ROBERTS, Justice
(concurring and dissenting).
I agree that the Pennsylvania Turnpike Commission is not immune from suit for the torts of its employees, and therefore I concur in the reversal of the order with respect to the Commission. However, I remain of the view, expressed on many occasions, * that sovereign im *495 munity is an archaic doctrine productive of little but mischief and injustice. Therefore, I dissent from the affirmance of the order with respect to the Commonwealth,
NIX, J., joins in this concurring and dissenting opinion.
E. g. Williams v. Pennsylvania Dep’t of Labor & Indus., 460 Pa. 581, 582 , 333 A.2d 924 -25 (1975) (dissenting opinion of Roberts, J., joined by Nix, J.); McCoy v. Commonwealth, 457 Pa. 513, 514-16 , 326 A.2d 396, 397-98 (1974) (dissenting opinion of Roberts, J., joined by Nix & Manderino, JJ.); Sweigard v. Pennsylvania Dep’t of Transp., 454 Pa. 32, 35-38 , 309 A.2d 374, 376-77 (1973) (dissenting opinion of Roberts, J., joined by Nix & Manderino, JJ.); Brown v. Commonwealth, 453 Pa. 566, 577-79 , 305 A.2d 868, 871-72 (1973) (dissenting opinion of Roberts, J., joined by Nix & Manderino, JJ.); Biello v. Pennsylvania Liquor Control Bd., 454 Pa. 179, 187-92 , 301 A.2d 849, 853-56 (1973) (dissenting opinion of Nix, J., joined by Roberts, J.); cf. Ayala v. Philadelphia Bd. of Public Educ., 453 Pa. 584 , 305 A.2d 877 (1973).