Gibson v. Commonwealth

415 A.2d 80, 490 Pa. 156, 1980 Pa. LEXIS 636
CourtSupreme Court of Pennsylvania
DecidedJune 2, 1980
Docket155, 156, 157, 161 and 172
StatusPublished
Cited by120 cases

This text of 415 A.2d 80 (Gibson v. Commonwealth) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gibson v. Commonwealth, 415 A.2d 80, 490 Pa. 156, 1980 Pa. LEXIS 636 (Pa. 1980).

Opinions

OPINION OF THE COURT

ROBERTS, Justice.

This court abrogated sovereign immunity on July 14, 1978, in Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 388 A.2d 709 (1978), application for reargument denied, 479 Pa. 411, 390 A.2d 181 (1978). Thereafter the Legislature promulgated Act 152 creating, for the first time in Pennsylvania, statutory sovereign immunity. Act of September 28, 1978, P.L. 788, §§ 1 et seq. This case presents the question of whether it is constitutional to apply Act 152 to causes which became actionable prior to the Act. Because we conclude that Act 152 may not constitutionally govern such actions, this Court reverses the orders of the Commonwealth Court dismissing the present consolidated case, and remands for proceedings consistent with this opinion.

Laurel Run Dam No. 2 flooded Tanneryville, Pennsylvania during a heavy rainstorm on July 20,1977. Between July 11 and October 4, 1978, appellants filed in Commonwealth Court five separate actions in trespass against appellees Department of Environmental Resources and the Commonwealth, alleging that appellees’ negligent supervision of the dam caused the flood and resulting loss of life, limb, and [159]*159property.1 The court consolidated the actions. See Pa.R. Civ.P. 213(a). By preliminary objection, appellees moved to dismiss the actions on the ground that appellees were immune from suit under Section 2 of Act 152, 42 Pa.C.S. § 5110.2 The Commonwealth Court granted the motion, holding that Act 152 applied to appellants’ actions, that those actions did not fall within any of the eight exceptions to sovereign immunity enumerated in the Act, and that such application did not violate any constitutional guarantees.3 This appeal followed.

[160]*160Section 5 of Act 152 expressly manifests the Legislature’s intention to apply the Act to claims, like those of appellants, which arose before the Act’s promulgation. Compare Political Subdivision Tort Claims Act, Act of November 26, 1978, P.L.1399, § 803, 53 P.S. § 5311.803 (statutory tort immunity of political subdivisions applies only to causes of action arising sixty days after enactment). Appellants here concede that application of Act 152 to their actions would completely extinguish their remedy for appellees’ alleged negligence. Appellants claim, however, that such elimination of remedy would violate Article I, section 11 of the Pennsylvania Constitution and the Fourteenth Amendment [161]*161of the United States Constitution because appellants’ rights of action accrued prior to the Act. We agree.

It is well-settled that the Legislature may not extinguish a right of action which has already accrued to a claimant. This Court has consistently held that the Legislature’s repeal of a law which created a right of action does not disturb any actions accrued thereunder:

“There is a vested right in an accrued cause of action . . A law can be repealed by the law giver; but the rights which have been acquired under it, while it was in force, do not thereby cease. It would be an absolute injustice to abolish with the law all the effects it had produced. This is a principle of general jurisprudence; but a right to be within its protection must be a vested right.”

Lewis v. Pennsylvania R. R. Co., 220 Pa. 317, 324, 69 A. 821, 823 (1908) (quotations omitted); see Rebel v. Standard Sanitary Mfg. Co., 340 Pa. 313, 319, 16 A.2d 534, 537-38 (1940); Commonwealth ex rel. Margiotti v. Cunningham, 337 Pa. 289, 301-02, 10 A.2d 559, 563-64 (1940); accord, Creighan v. Pittsburgh, 389 Pa. 569, 574, 132 A.2d 867, 870 (1957); Smith v. Fenner, 399 Pa. 633, 641, 161 A.2d 150, 154 (1960).

The separation of powers doctrine suggests a fortiori that the Legislature may not disturb actions which have accrued under the Judiciary’s authority. See Commonwealth ex rel. Carroll v. Tate, 442 Pa. 45, 274 A.2d 193 (1971). As this Court has explained:

“In the very nature of things, a law that is enacted after the case has arisen can be no part of the case. Such a law can have only a forced and unnatural relation to the case, and must produce an untrue decision; a decision, not of the case arising between the parties, as it ought to be, but of a case partly created by the legislature.
When, therefore, the constitution declares that it is the exclusive function of the courts to try private cases of disputed right, and that they shall administer justice ‘by the law of the land,’ and ‘by due course of law,’ it means to say, that the law relating to the transaction in contro[162]*162versy, at the time when it is complete, shall be an inherent element of the case, and shall guide the decision; and that the case shall not be altered, in its substance, by any subsequent law.”

Menges v. Dentler, 33 Pa. 495, 498-99 (1859); see Kay v. Pennsylvania, 65 Pa. 269, 277 (1870); Commonwealth v. Sutley, 474 Pa. 256, 263, 378 A.2d 780, 783 (1977).

This established view is consistent with federal decisional law which squarely holds that a legislature may not constitutionally eliminate in toto a remedy, whether judicially or legislatively created, which has already accrued. See Ettor v. Tacoma, 228 U.S. 148, 33 S.Ct. 428, 57 L.Ed. 773 (1913); Forbes Pioneer Boat Line v. Board of Comm’rs, 258 U.S. 338, 42 S.Ct. 325, 66 L.Ed. 647 (1922) (Holmes, J.); Lynch v. United States, 292 U.S. 571, 54 S.Ct. 840, 78 L.Ed. 1434 (1934) (Brandeis, J.); W. B. Worthen Co. ex rel. Bd. of Comm’rs v. Kavanaugh, 295 U.S. 56, 55 S.Ct. 555, 79 L.Ed. 1298 (1935) (Cardozo, J.); accord, United States Trust Co. v. New Jersey, 431 U.S. 1, 26-7, 97 S.Ct. 1505, 1520, 52 L.Ed.2d 92 (1977). As Chief Justice Marshall wrote, “[t]he very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury.” Marbury v. Madison, 5 U.S. (1 Cranch) 87, 102, 2 L.Ed. 60 (1803).

A tort cause of action generally accrues on the date of the accident or injury. See Smith v. Fenner, 399 Pa. 633, 641, 161 A.2d 150, 154 (1960); Rebel v. Standard Sanitary Mfg. Co., 340 Pa. 313, 16 A.2d 534 (1940); see generally Bell v. Koppers Co., Inc., 481 Pa. 454, 458, 392 A.2d 1380, 1382 (1978) (procedural rules apply to cases filed after effective dates; substantive rights are governed by law in effect at time causes of action accrue).

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Bluebook (online)
415 A.2d 80, 490 Pa. 156, 1980 Pa. LEXIS 636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibson-v-commonwealth-pa-1980.