Opinion

BROWN v. Commonwealth

  • 453 Pa. 566
  • 305 A.2d 868
  • 1973 Pa. LEXIS 707
Court
Supreme Court of Pennsylvania
Filed
May 23, 1973
Status
Published
Author
Nix
On the bench
Robeets, Mandebino, Jones, Eagen, O'Brien, Roberts, Pomeroy, Nix, Manderino, Egberts
Cited by
76 cases
Authority
More cited than 10.5%

dissenting opinion of Roberts, J., joined by Nix & Manderino, JJ.

How later courts described this case

  • dissenting opinion of Roberts, J., joined by Nix & Manderino, JJ.
  • dissenting opinion of Roberts, J., joined by Nix and Manderino, JJ.
  • “[I]t falls to the Legislature to determine the circumstances under which immunity may be waived. . . . We reiterate our urging of the need for comprehensive legislative action permissible under Article I, Section 11.”
  • dissenting opinion by Mr. Justice Manderino

Written by the judges who cited it.

The opinion

Dissenting Opinion by

Mr. Justice Nix:

I am still of the opinion expressed in my dissent in Biello v. Pennsylvania Liquor Control Board, 454 Pa. 179 , 301 A. 2d 849 (1973).

The result reached by the majority in this case is particularly inexplicable in view of the statutory requirement that the State carry insurance coverage, 1 and the fact that the State maintained insurance covering this claim.

Mr. Justice Egberts and Mr. Justice Manderino join in this dissenting opinion.

“The Department of Property and Supplies shall have the power, and its duty shall be:

(b) To procure automobile liability insurance, covering vehicles owned by the Commonwealth. . . .

“All automobile liability insurance procured by the Department of Property and Supplies hereunder shall protect both the Commonwealth and the State officer or employe operating the vehicle, or State officers and employes and officers and enlisted men of the Pennsylvania National Guard . . . against claims for damages for injury to person or property. . . .” Administrative Code of 1929, Act of April 9, 1929, P. L. 177, §2404, as amended, 71 P.S. 634.

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.