Case law

Ewalt v. Pennsylvania Turnpike Commission

382 Pa. 529 · Supreme Court of Pennsylvania · Jun 27, 1955

Fitzgerald, 359 Pa. 264, 272 , 59 A. 2d 142 , is apposite here, — “As is not unusual in attempts to establish that a statute is unconstitutional, tbe final assault is made on tbe title of tbe Act, it being claimed that Article … III, section 3 of tbe Constitution is violated because tbe subject-matter of tbe statute is not clearly expressed in tbe title ....

Callsen v. Temple University Hospital

539 Pa. 377 · Supreme Court of Pennsylvania · Jan 18, 1995

The majority today chooses to let stand a decision of the Commonwealth Court which is clearly at odds with the system *379 of pleading established by our rules of civil procedure and which clearly misapprehends the standard … the complaint those facts which he wishes to establish at trial.

Kline v. Arden H. Verner Co.

503 Pa. 251 · Supreme Court of Pennsylvania · Dec 30, 1983

To do so, facets of the society often require new immunities or larger responsibility, as the legislature may determine. … Under section 306(b), this would clearly qualify as a permanent partial disability. Scott v. Powell Coal Co., 402 Pa. 73 , 166 A.2d 31 (1960).

Commonwealth v. Watson

355 Pa. Super. 160 · Supreme Court of Pennsylvania · Jul 18, 1986

Thus, the trial court did not err in refusing to grant immunity to Bricker. … Evidence of the prior shooting was clearly relevant to establish specific intent to kill, the mode of operation and that it was part of-the conspirators’ common scheme.

Schultz v. Philadelphia

385 Pa. 79 · Supreme Court of Pennsylvania · Apr 20, 1956

While it is obvious that an insignificant amendment made to a proposed ordinance after advertisement and a public hearing does not require a re-advertisement and public hearing the case is clearly otherwise if the amendment … Lancaster City, 313 Pa. 158, 162 , 169 A. 557, 559 , all of whom pointed out that municipal corporations are mere creatures of the State, being governmental agencies established for the purpose of carrying.out in detail the

Mindala v. American Motors Corp.

518 Pa. 350 · Supreme Court of Pennsylvania · May 31, 1988

Thus, our case law establishes that in those instances the victims must demonstrate a special relationship which warrants protection. See, Chapman v. … State-designated highway except where department regulations provide otherwise. (2) Local authorities shall obtain approval of the department prior to erecting any traffic signal except in a municipality with a traffic engineer qualified

Weisblatt, E., and S. Sear v. Gov. Wolf - No.

632 Pa. 147 · Supreme Court of Pennsylvania · Jun 19, 2015

or Debate Immunity. … According to the Legislative Appellants: Such potential unintended consequences only reinforce the public policies that underlie the Legislative Immunity and Sovereign Immunity

Powell v. Drumheller

539 Pa. 484 · Supreme Court of Pennsylvania · Jan 23, 1995

In Jones , we held: *491 Proximate cause is a term of art, and may be established by evidence that a defendant’s negligent act or failure to act was a substantial factor in bringing about the harm inflicted upon a plaintiff … As an initial matter, it should be noted that Dickens was concerned with immunity under the particular language of our governmental immunity statute, rather than our sovereign immunity statute.

Justice, S., Aplt. v. Trooper Lombardo

208 A.3d 1057 · Supreme Court of Pennsylvania · May 31, 2019

And despite the somewhat awkward application of it to establishing the defense of sovereign immunity, our intermediate appellate courts have regularly applied the Restatement in this latter context as well. … Trooper Lombardo argues that "nothing [he] did on the day in question qualifies as legally 'outrageous'," as in Howard . Lombardo's Brief at 41.

Mascaro v. Youth Study Center

514 Pa. 351 · Supreme Court of Pennsylvania · Apr 7, 1987

These cases, and cases like them, also establish liability over one charged with the control and custody of property when the custodian knows, or should have known, that the property could be misused by persons who could … We believe the Legislature has clearly precluded the imposition of liability on itself or its local agencies for acts of third parties by its language of § 8541, supra, and that it has not seen fit to waive immunity for these

Dilks v. Flohr Chevrolet

411 Pa. 425 · Supreme Court of Pennsylvania · Jul 2, 1963

immunity and relief from liability. … Absent such proof, the claim of immunity falls. .

Consolidation Coal Co. v. District 5, United Mine Workers

336 Pa. Super. 354 · Supreme Court of Pennsylvania · Nov 30, 1984

Nor was there anything done in the equity action, such as a dismissal with prejudice, which could qualify as a judgment on the merits. … hear cases involving violence intermeshed with picketing is clearly a state court.

Commonwealth, Aplt. v. Lehman, R.

Supreme Court of Pennsylvania · Mar 21, 2024

Ultimately, the Superior Court affirmed Lehman’s judgment of sentence, holding that DORIA did not afford him immunity because DORIA “provides immunity for only certain, specifically[ ]enumerated offenses” and a violation … With that being said, the Superior Court properly concluded that Renewal Center qualifies as a “correctional institution” for purposes of Section 5123(a.2), (e).

Shovel Transfer & Storage, Inc. v. Simpson

523 Pa. 235 · Supreme Court of Pennsylvania · Nov 6, 1989

Consequently, Shovel’s true objective is to establish the enforceability of that contract, which is clearly a contract claim. … Although the Commonwealth traditionally had sovereign immunity from suit, the establishment of the Board of Claims waived that immunity by providing a tribunal whose specific duty was to entertain contract actions against

In Re Adoption of E.M.A.

487 Pa. 152 · Supreme Court of Pennsylvania · Dec 21, 1979

By its express terms, section 503 is clearly limited to adoption by the spouse of a natural parent. … Appellant’s constitutional challenge must meet the “stringent burden” of establishing that the statute “clearly, palpably and plainly violates the Constitution,” In re William L., 477 Pa. 322, 329 , 383 A.2d 1228, 1231 (1978

Commonwealth v. Smith

480 Pa. 524 · Supreme Court of Pennsylvania · Oct 5, 1978

This is a direct appeal from the judgments of sentence. 1 The relevant facts were established at trial as follows. … However, appellant argues that the cases have involved reports from other qualified medical personnel, such as a nurse or attending physician, and that Mr. Haky was not so qualified.

Conner v. Quality Coach, Inc.

561 Pa. 397 · Supreme Court of Pennsylvania · May 11, 2000

In support of the government contractor defense, Quality Coach contends that its affordance under either the criteria established by the Superior Court in the present case or those established by the United States Supreme … The owner, however, failed to establish negligence on the part of the contractor at trial, while the contractor established that it had performed its work in strict accordance with the plans and specifications provided by

Frazier v. Workers' Compensation Appeal Board

616 Pa. 592 · Supreme Court of Pennsylvania · Sep 28, 2012

Thus, the employer/compensation insurer may step into the shoes of the claimant to recover directly against a third party tortfeasor, which here would be the Commonwealth and its subsidiaries, an action clearly prohibited … official immunity.

Commonwealth v. Fee

523 Pa. 377 · Supreme Court of Pennsylvania · Dec 21, 1989

Borough of Wilkinsburg, 505 Pa. 249 , 478 A.2d 1279 (1984) (notice and hearing are required if order is to qualify as an adjudication — letter from agency will qualify as adjudication if letter is final order and impacts … upon person’s personal or property rights, privileges, immunities, duties, liabilities, or obligations).

Jones v. Chieffo

549 Pa. 46 · Supreme Court of Pennsylvania · Aug 21, 1997

This result is consistent with Crowell and Powell , which establish that a governmental party is not immune from liability when its negligence, along with a third party's negligence, causes harm. [4] We therefore affirm the … Clearly, Appellee was also faulting the municipality for the manner in which the pursuit was conducted.