36 Pa. Commw. 513 | Pa. Commw. Ct. | 1978
Opinion by
George and Gladys Hoffner (Appellants) appeal the decision of the Court of Common Pleas sustaining the motion by the Commonwealth of Pennsylvania (Commonwealth) for judgment on the pleadings based on the Commonwealth’s assertion of its sovereign immunity.
The sovereign immunity of the Commonwealth cannot be waived by an act of its agent. It can only be waived by a specific enactment of the legislature. See, e.g., Freach v. Commonwealth. 471 Pa. 558, 370 A.2d 1163 (1977); Finkelstein v. Shippensburg State College, 29 Pa. Commonwealth Ct. 373, 370 A.2d 1259 (1977).
Appellants are correct that, pursuant to Section 401 of the Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P.L. 673, as amended, 17 P.S. §211.401, exclusive original jurisdiction of a case where the Commonwealth is named as a defendant is "before this Court. However, in view of our above holding, no useful purpose can be served by transferring this matter. Therefore, solely in the interest of judicial economy, we affirm the court below.
Order
And Now, this 12th day of July, 1978, the order of the Court of Common Pleas of Bucks County is affirmed.
Appellants sought to sue the Commonwealth in trespass alleging that the Commonwealth negligently maintained the road upon which an accident occurred.
The Commonwealth’s immunity can be waived when it initiates an action. See Pennsylvania Fish Commission v. Township of Pleasant, 36 Pa. Commonwealth Ct. 216, 388 A.2d 758 (1978).