# Sherk v. County of Dauphin

> Supreme Court of Pennsylvania · September 18, 1992 · 531 Pa. 515

URL: https://www.frixlaw.com/law-library/cases/9761143

## Case

- **Full name:** Thomas SHERK and Susan Sherk, His Wife, Appellants, v. COUNTY OF DAUPHIN, Mental Health and Retardation Services, Harrisburg State Hospital and Linda Weigel, Administrator of the Estate of Mark E. Jordan, Appellees
- **Court:** Supreme Court of Pennsylvania
- **Decided:** September 18, 1992
- **Citations:** 531 Pa. 515; 614 A.2d 226; 1992 Pa. LEXIS 453
- **Precedential status:** Published
- **Opinion:** Concurrence by Gappy
- **Judges:** Larsen, Cappy, Nix, Zappala
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9761143

## Opinion text

*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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9761143. Public record. Not legal advice.