Opinion

Lehnig v. Felton

  • 278 Pa. Super. 12
  • 419 A.2d 1330
  • 1980 Pa. Super. LEXIS 2477
Court
Superior Court of Pennsylvania
Filed
May 16, 1980
Status
Published
Author
Cavanaugh
On the bench
Price, Hester, Cavanaugh
Cited by
4 cases
Authority
More cited than 10.3%

superseded by statute as stated in Mason & Dixon Lines, Inc. v. Mognet, 166 Pa.Cmwlth. 1, 645 A.2d 1370, 1376 (Pa.Commw.Ct. 1994)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  • superseded by statute as stated in Mason & Dixon Lines, Inc. v. Mognet, 166 Pa.Cmwlth. 1, 645 A.2d 1370, 1376 (Pa.Commw.Ct. 1994)
  • superseded by statute as stated in Mason & Dixon Lines, Inc. v. Mognet, 645 A2d 1370, 1376 (PaCommwCt 1994)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.

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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