Opinion

Dickens v. Horner

  • 531 Pa. 127
  • 611 A.2d 693
  • 1992 Pa. LEXIS 387
Court
Supreme Court of Pennsylvania
Filed
Jun 17, 1992
Status
Published
Author
Cappy
On the bench
Nix, Larsen, Flaherty, McDermott, Zappala, Papadakos, Cappy
Cited by
35 cases

Overruled by Jones v. Chieffo, 549 Pa. 46 (1997)

concurring opinion of Cappy, J.

How later courts described this case

  • concurring opinion of Cappy, J.

Written by the judges who cited it.

Later courts went against this

  • Overruled by Jones v. Chieffo, 549 Pa. 46 (1997)

    549 Pa. 46, 700 A.2d 417 (1997) (overruling Dickens v. Horner, 531 Pa. 127, 611 A.2d 693 [1992], which held that the officer and his employer were immune under the tort claims act because the accident was caused by the criminal acts of the fleeing motorist);
    Supreme Court of PennsylvaniaAug 21, 19972 citing opinionsRead it

Distinguished

  • Distinguished by Hummel v. PennDOT, 17 Pa. D. & C.4th 308 (1992)

    We conclude that Dickens is distinguishable from this case and we do not interpret it to hold, as PennDOT suggests, that any criminal conduct by a third party is by definition a superseding cause.
    Pennsylvania Court of Common Pleas, Dauphin CountySep 18, 1992Read it

The opinion

CAPPY, Justice,

concurring.

I join in the opinion of the majority insofar as it establishes that a municipality and its agents cannot be held liable for the superseding criminal or negligent acts of a third party. I endorse the position that the decision of a police officer, acting within the scope of his duties, to initiate vehicular pursuit of a person suspected of committing a crime, cannot constitute negligence.

However, I write separately to emphasize that, in my view, the decision of the majority does not eliminate liability claims against a municipality or its agents in instances where its own actions, as opposed to those of a third party, are the proximate cause of the injury.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.