Opinion

Sherk v. County of Dauphin

  • 531 Pa. 515
  • 614 A.2d 226
  • 1992 Pa. LEXIS 453
Court
Supreme Court of Pennsylvania
Filed
Sep 18, 1992
Status
Published
Author
Gappy
On the bench
Larsen, Cappy, Nix, Zappala
Cited by
15 cases
Authority
More cited than 10.4%

causation established when hospital “prematurely” discharged mental patient who shot another some six weeks after discharge

How later courts described this case

  • causation established when hospital “prematurely” discharged mental patient who shot another some six weeks after discharge

Written by the judges who cited it.

The opinion

*529 GAPPY, Justice,

concurring.

I concur in the result reached by those of my colleagues joining the Opinion Announcing the Judgment of the Court.

I believe that the only issue to be addressed in this opinion is the question of whether the appellee is entitled to blanket sovereign immunity as the trial court found in sustaining appellee’s preliminary objection. I agree that our recent decision in Goryeb v. Commonwealth, Department of Public Welfare, 525 Pa. 70 , 575 A.2d 545 (1990), sets forth certain specific circumstances under which appellee could be found liable and, thus, controls the issue of immunity pursuant to the Sovereign Immunity Act, 42 Pa.C.S. § 8521, et. seq. However, in concurring in the result, I do not subscribe to the reasoning or the rationale as offered in the majority opinion.

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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