Dorsey v. Redman

42 A.3d 1001, 615 Pa. 328, 2012 WL 1415716, 2012 Pa. LEXIS 949

• Court: Supreme Court of Pennsylvania
• Decided: April 25, 2012
• Docket: 287 WAL 2011
• Status: Published

Opinion

ORDER

PER CURIAM.

AND NOW, this 25th day of April, 2012, the Petition for Allowance of Appeal is GRANTED. The issues, rephrased for clarity, are:

a. Whether, under the Political Subdivision Tort Claims Act, 42 Pa.C.S.A. §§ 8541-8664, the Register of Wills is immune from suit under Section 3172 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S.A. § 3172?

b. Whether, in assessing the applicability of official immunity under 42 Pa.C.S.A. § 8546, the issue of whether the official’s conduct giving rise to the claim was authorized or required by law, or whether the official, in good faith, reasonably believed his conduct was authorized or required by law, is a genuine issue of material fact for a fact-finder to determine, or a legal issue to be decided by the trial court?

With regard to your discussion of issue (a), address whether the Commonwealth Court correctly interpreted Meyer v. Community College of Beaver County, 606 Pa. 539, 2 A.3d 499 (2010) and Antonis v. Liberati, 821 A.2d 666 (Pa.Cmwlth.2003).