Poklemba v. Shamokin State General Hospital, 388 A.2d 722

Poklemba v. Shamokin State General Hospital

388 A.2d 722 | Pa. | 1978

Dissenting Opinion

O’BRIEN, Justice,

dissenting.

I dissent. This Court has no power to abrogate Article I, § 11 of the Pennsylvania Constitution. See Mayle v. Penn*416sylvania Department of Highways, 479 Pa. 384, 388 A.2d 709 (1978) (Dissenting Opinion by O’Brien, J.).

EAGEN, C. J., and POMEROY, J., join in this dissenting opinion.

Lead Opinion

OPINION OF THE COURT

ROBERTS, Justice.

Appellant Esther Poklemba, both individually and as administratrix of decedent’s estate, brought an action in trespass against appellee Shamokin State General Hospital and others for negligent medical treatment of decedent, her husband. The Commonwealth Court dismissed the complaint against appellee on the ground that appellee, as an agency of the Commonwealth, was protected against suit by the sovereign immunity of the Commonwealth.

We have this day abrogated the doctrine of sovereign immunity. Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 388 A.2d 709 (1978). We therefore reverse the order of the Commonwealth Court and remand for further proceedings.

Order reversed and case remanded.*

O’BRIEN, J., filed a dissenting opinion in which EAGEN, C. J., and POMEROY, J., joined. POMEROY, J., filed a dissenting opinion in which EAG-EN, C. J., and O’BRIEN, J., joined.

We hear this appeal pursuant to the Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P.L. 673, art. II, § 203, 17 P.S. § 211.203 (Supp.1978).

Dissenting Opinion

POMEROY, Justice,

dissenting.

For the reasons set forth in my dissenting opinion in Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 408, 388 A.2d 709, 721 (1978), I dissent.

EAGEN, C. J., and O’BRIEN, J., join in this dissenting opinion.