111 A.3d 286
Pa. Commw. Ct.2015Background
- Decedent (adult) fell onto SEPTA train tracks at Lombard-South station, was electrocuted and later struck by a train; Administrator (father) sued SEPTA (a Commonwealth agency) for wrongful death and survival damages.
- Plaintiffs sought wrongful death damages on behalf of the father (Administrator), mother, and sister, including pecuniary value of support/services and non-pecuniary losses (comfort, society) and reimbursement of medical/funeral expenses.
- SEPTA moved for partial judgment on the pleadings arguing: the sister is not a statutory beneficiary under the Wrongful Death Act; funeral expenses and parents’ non-pecuniary claims are barred or limited by the Sovereign Immunity Act.
- The trial court agreed that the sister was not a statutory beneficiary and that funeral expenses are not recoverable under sovereign-immunity limits, but held parents could pursue non-pecuniary losses.
- This Court granted interlocutory appeal and reversed the trial court as to parents’ ability to recover non-pecuniary damages against a Commonwealth agency, applying the Pennsylvania Supreme Court’s decision in Department of Public Welfare v. Schultz.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether parents may recover non-pecuniary losses (comfort, society) from a Commonwealth agency in a wrongful-death action | Parents (Administrator) rely on Rettger and argue the Wrongful Death Act permits recovery of non-pecuniary losses akin to loss of consortium | SEPTA argues Schultz controls: Sovereign Immunity Act limits recoverable damages and loss of consortium is available only to spouses, so parents are barred | Parents cannot recover non-pecuniary damages against a Commonwealth agency; Schultz controls (reversed trial court’s contrary ruling) |
| Whether decedent’s sister is a statutory beneficiary under the Wrongful Death Act | Plaintiffs sought to include sister as beneficiary entitled to wrongful-death recovery | SEPTA argued sister is not among beneficiaries listed in 42 Pa.C.S. § 8301(b) | Trial court correctly held sister is not a statutory beneficiary (SEPTA prevailed on this point) |
| Whether funeral expenses are recoverable under the Sovereign Immunity Act limits | Plaintiffs sought funeral/medical expense recovery under Wrongful Death Act | SEPTA argued sovereign-immunity damages list does not include funeral expenses | Trial court denied recovery of funeral expenses under sovereign-immunity limits; that determination stands in this appeal |
Key Cases Cited
- Department of Public Welfare v. Schultz, 855 A.2d 753 (Pa. 2004) (Sovereign Immunity Act limits damages; loss of consortium reserved for spouses, so parents barred from recovering non-pecuniary losses against Commonwealth)
- Rettger v. UPMC Shadyside, 991 A.2d 915 (Pa. Super. 2010) (Superior Court held Wrongful Death Act permits parents to recover non-pecuniary losses against private defendants; compared compensable "services" to consortium)
- Machado v. Kunkel, 804 A.2d 1238 (Pa. Super. 2002) (discussion of scope of "consortium" and wrongful-death recoverable companionship/service losses)