B.A. Casteel and J.R. Casteel, Individually and as Administrators of C.A. Miller v. L. Tinkey
151 A.3d 261
| Pa. Commw. Ct. | 2016Background
- Carly Miller was killed in 1994 by Lonny Tinkey, who was on work‑release after a county jail sentence and later convicted of homicide by vehicle while intoxicated.
- Appellants (decedent's estate) sued the Commonwealth (DOH, Advisory Council, DOC) alleging the Drug and Alcohol Abuse Control Act required alcohol evaluation/treatment in correctional settings and that Tinkey received no such treatment while in Somerset County jail.
- Somerset County designated a Single County Authority (Somerset SCA), which contracted with private Twin Lakes to provide treatment under the DOH State Plan; DOH funds and sets State Plan requirements incorporated into contracts with SCAs.
- Appellants argued Somerset SCA and Twin Lakes acted as agents of the Commonwealth and that failure to provide treatment was negligence per se and falls within the medical‑professional exception to sovereign immunity (42 Pa.C.S. § 8522(b)(2)).
- The trial court granted summary judgment for the Commonwealth, ruling (1) alleged duties under the Act are public duties not owed to particular third parties, (2) SCA/Twin Lakes are not Commonwealth agencies/employees, and (3) immunity for harm caused by third parties was not waived even if medical‑professional negligence occurred.
- This Court (majority) affirmed; a dissent would have found genuine issues about agency and DOH control warranting further proceedings as to DOH/Advisory Council/DOC.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Act creates a private cause of action / negligence per se against Commonwealth for failing to provide inmate treatment | Act mandates evaluation/treatment; failure is negligence per se and creates liability | Act does not create a private cause of action and does not waive sovereign immunity beyond enumerated exceptions | Court: Act does not create a private cause of action or expand waiver; plaintiffs’ negligence‑per‑se theory fails |
| Whether alleged duty to provide prison treatment is a "public duty" owed to public or a private duty to third parties | Duty to provide treatment to inmates creates foreseeable protection to third parties injured by untreated inmates | Duty under Act is a governmental/public duty; liability to third parties not owed | Court: duties are public; public‑duty doctrine bars recovery by third parties |
| Whether SCA / Twin Lakes were agents or "Commonwealth parties" (so their health‑care employees fall within medical‑professional exception) | DOH State Plan, funding, contract structure and organizational chart show SCA/Twin Lakes implemented DOH plan as agents of Commonwealth | SCA created by county; Twin Lakes private contractor; neither are Commonwealth agencies or employees for sovereign immunity purposes | Court: SCA/Twin Lakes are local/county or private entities, not Commonwealth parties; medical‑professional exception inapplicable |
| Whether Commonwealth waived immunity for harms caused by third parties even if negligence falls within medical‑professional exception | If DOH’s mandated treatment obligations were breached by Commonwealth agents, waiver applies and Commonwealth liable for resulting third‑party harm | Medical‑professional exception does not waive immunity for injuries caused by third persons; precedent bars such waiver | Court: Even if medical‑professional exception applied, waiver does not extend to harm caused by third persons (Tinkey’s DUI); immunity remains |
Key Cases Cited
- Moore v. Commonwealth, Department of Justice, 538 A.2d 111 (Pa. Cmwlth. 1988) (refused to apply medical‑professional waiver to hold Commonwealth liable for harm caused by third person)
- Goryeb v. Department of Public Welfare, 575 A.2d 545 (Pa. 1990) (statutes governing mental‑health discharge must be construed with Sovereign Immunity Act to limit liability absent willful misconduct or gross negligence)
- Chevalier v. City of Philadelphia, 532 A.2d 411 (Pa. 1987) (General Assembly has not waived immunity for harm caused by third persons in the statutory exceptions)
- Rawlings v. Bucks County Water & Sewer Authority, 702 A.2d 583 (Pa. Cmwlth. 1997) (entity created by county is a local agency, not a Commonwealth agency entitled to sovereign immunity)
- Stein v. Pennsylvania Turnpike Commission, 989 A.2d 80 (Pa. Cmwlth. 2010) (exceptions to sovereign immunity are to be strictly and narrowly construed)