superseded by statute as stated in Mason & Dixon Lines, Inc. v. Mognet, 166 Pa.Cmwlth. 1, 645 A.2d 1370, 1376 (Pa.Commw.Ct. 1994)
How later courts described this case
- superseded by statute as stated in Mason & Dixon Lines, Inc. v. Mognet, 166 Pa.Cmwlth. 1, 645 A.2d 1370, 1376 (Pa.Commw.Ct. 1994)
- superseded by statute as stated in Mason & Dixon Lines, Inc. v. Mognet, 645 A2d 1370, 1376 (PaCommwCt 1994)
Written by the judges who cited it.
The opinion
CAVANAUGH, Judge,
concurring:
I concur with the majority’s view that the defendants are immune from liability under the principles of Dubree v. Commonwealth, 481 Pa. 540 , 393 A.2d 293 (1978). I concur rather than join the majority, however, because I think the discussion about 42 Pa.C.S.A. § 5110(a)(5) (limited waiver of sovereign immunity) and 42 Pa.C.S.A. § 5111(b)(5) (limitations on damages) is unnecessary. Those subsections determine whether or not, and the extent to which, sovereign immunity is a defense. Sovereign immunity is a defense which insulates the Commonwealth or its agencies from liability. Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 386 , 388 A.2d 709, 710 (1978). In the instant case employees of a Commonwealth agency, not the Commonwealth or its agency, are defendants. Thus, sovereign immunity does not apply. Nevertheless, official immunity, as enunciated in Dubree , does apply and bars the instant action.