Brimmeier v. Pennsylvania Turnpike Commission
147 A.3d 954
| Pa. Commw. Ct. | 2016Background
- Joseph G. Brimmeier III was CEO of the Pennsylvania Turnpike Commission from 2003–2011 and faced multiple criminal charges; all but one count were dismissed or nolle prossed and he pled guilty to a conflict-of-interest charge.
- Brimmeier sought $300,261 in reimbursement of legal fees under the Commission’s Policy 10.4, which permits reimbursement in specified circumstances but uses discretionary language.
- The Commission allegedly gave a verbal denial; Brimmeier sued in county court seeking mandamus, declaratory relief, breach of contract, promissory estoppel and misrepresentation.
- The case was transferred to the Commonwealth Court, which reviewed preliminary objections (demurrer and motions to strike) by the Commission.
- The Commission argued sovereign immunity barred the contract, promissory estoppel and misrepresentation claims and that the pleadings lacked the specificity required by Pa.R.C.P. 1019.
- The Court evaluated whether Policy 10.4 created an enforceable right, the availability of mandamus/declaratory relief, and whether Counts III–V were barred by sovereign immunity or deficiently pleaded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sovereign immunity bars breach of employment contract and promissory estoppel claims | Brimmeier: employment relationship and Commission policies created contractual/promissory rights to reimbursement | Commission: Procurement Code and sovereign immunity bar claims based on employment agreements; Board of Claims has exclusive jurisdiction for procurement contracts | Court: Sustained — sovereign immunity bars Counts III (breach) and IV (promissory estoppel) |
| Whether sovereign immunity bars misrepresentation claims (intentional/negligent/innocent) | Brimmeier: Commission misrepresented its policies and he relied to his detriment | Commission: Sovereign immunity protects Commonwealth from tort claims not waived by statute; intentional and negligent torts immune; innocent misrepresentation not a basis for monetary recovery | Court: Sustained — intentional and negligent misrepresentation barred; innocent misrepresentation not a basis for monetary relief here (Count V dismissed) |
| Whether mandamus is available to compel payment under Policy 10.4 (Count I) | Brimmeier: Policy 10.4 creates a mandatory duty to reimburse where conditions are met; dismissal/nolle prosequi made him eligible | Commission: Policy 10.4 is discretionary; mandamus cannot direct exercise of official discretion | Court: Sustained demurrer — Policy uses "may" (discretion); mandamus inappropriate to compel a specific exercise of discretion (Count I dismissed) |
| Whether declaratory relief may be granted to obtain payment (Count II) | Brimmeier: seeks declaration directing payment and additional damages | Commission: Relief sought is effectively money damages and tort relief barred by sovereign immunity; no clear legal right pleaded under Policy 10.4 | Court: Sustained demurrer — no justiciable right/actual controversy as pleaded and request tied to monetary relief outside Court's jurisdiction (Count II dismissed) |
Key Cases Cited
- Pa. State Lodge, Fraternal Order of Police v. Dep’t of Conservation & Natural Res., 909 A.2d 413 (Pa. Cmwlth.) (standards for reviewing preliminary objections)
- Banfield v. Cortes, 922 A.2d 36 (Pa. Cmwlth.) (mandamus not barred by sovereign immunity)
- Bortz v. Noon, 729 A.2d 555 (Pa.) (elements and theories of actionable misrepresentation)
- Crozer Chester Med. Ctr. v. Bureau of Workers’ Comp., 22 A.3d 189 (Pa.) (mandamus elements and extraordinary nature of writ)
- Stackhouse v. Pa. State Police, 832 A.2d 1004 (Pa.) (Commonwealth tort jurisdiction limits and sovereign immunity principles)
- Pratter v. Penn Treaty Am. Corp., 11 A.3d 550 (Pa. Cmwlth.) (pleading specificity for oral/written agreements)
- McGill v. Pa. Dep’t of Health, Office of Drug & Alcohol Programs, 758 A.2d 268 (Pa. Cmwlth.) (mandamus to compel ministerial duties)