Grevious v. Commonwealth

Supreme Court of Pennsylvania

Grevious v. Commonwealth

974 A.2d 1166, 601 Pa. 487, 2009 Pa. LEXIS 1333

CourtSupreme Court of Pennsylvania

DecidedJuly 20, 2009

DocketAppeal No. 35 EAP 2007

StatusPublished

This text of 974 A.2d 1166 (Grevious 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

Grevious v. Commonwealth, 974 A.2d 1166, 601 Pa. 487, 2009 Pa. LEXIS 1333 (Pa. 2009).

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Opinion

ORDER

PER CURIAM.

AND NOW, this 20th day of July, 2009, as this Court finds the facts as pled in Appellant’s Amended Petition for Review, and all reasonable inferences taken therefrom, sufficiently establish a prima facie case for recovery under the Whistle-blower Law, 43 P.S. §§ 1421, et seq., the Order of the Commonwealth Court sustaining the Department of Public Welfare’s preliminary objections in the nature of a demurrer, pursuant to Pa.R.C.P. 1028(a)(4), is REVERSED. McNeil v. Jordan, 586 Pa. 413, 894 A.2d 1260,1274 (2006) (“In evaluating a demurrer, a court must accept as true all well-pleaded facts and all reasonable inferences deducible therefrom, and determine with certainty that no recovery is possible.”). The case is remanded to the Commonwealth Court for proceedings not inconsistent with this Order. Jurisdiction relinquished.

Justice EAKIN dissents.

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ORDER

PER CURIAM.

AND NOW, this 20th day of July, 2009, as this Court finds the facts as pled in Appellant’s Amended Petition for Review, and all reasonable inferences taken therefrom, sufficiently establish a prima facie case for recovery under the Whistle-blower Law, 43 P.S. §§ 1421, et seq., the Order of the Commonwealth Court sustaining the Department of Public Welfare’s preliminary objections in the nature of a demurrer, pursuant to Pa.R.C.P. 1028(a)(4), is REVERSED. McNeil v. Jordan, 586 Pa. 413, 894 A.2d 1260,1274 (2006) (“In evaluating a demurrer, a court must accept as true all well-pleaded facts and all reasonable inferences deducible therefrom, and determine with certainty that no recovery is possible.”). The case is remanded to the Commonwealth Court for proceedings not inconsistent with this Order. Jurisdiction relinquished.

Justice EAKIN dissents.

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Bluebook (online)

974 A.2d 1166, 601 Pa. 487, 2009 Pa. LEXIS 1333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grevious-v-commonwealth-pa-2009.

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