Opinion

Sabot v. Department of Public Welfare

  • 138 Pa. Commw. 501
  • 588 A.2d 597
  • 1991 Pa. Commw. LEXIS 153
Court
Commonwealth Court of Pennsylvania
Filed
Mar 20, 1991
Status
Published
Author
Byer
On the bench
McGinley and Byer, Jj., and Crumlish, Jr., Senior Judge
Cited by
4 cases

absent averment of personal animus, it appeared aide was attacked merely because of her position as hospital employee and that there was no personal animosity against her specifically

How later courts described this case

  • absent averment of personal animus, it appeared aide was attacked merely because of her position as hospital employee and that there was no personal animosity against her specifically
  • affirming grant of demurrer

Written by the judges who cited it.

The opinion

BYER, Judge,

concurring and dissenting opinion.

I agree with the majority’s decision on the immunity question. However, I respectfully dissent from the majority’s decision to affirm based upon exclusivity of the workmen’s compensation remedy. I believe that we should not affirm on that point, but remand to the trial court with direction to allow the plaintiff to file a second amended *508 complaint 1 in order to make the necessary allegations of personal animus, if the plaintiff is able to do so in good faith.

. The first amended complaint was not addressed to this issue.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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