Kenno v. COM., DEPT. OF STATE POLICE

393 A.2d 304, 481 Pa. 562, 1978 Pa. LEXIS 1028

Opinions

OPINION OF THE COURT

ROBERTS, Justice.

Appellant Richard E. Kenno, by his father, brought an action in trespass against appellees, the Department of State Police and the Department of General Services, two agencies of the Commonwealth of Pennsylvania and one official of each agency. The complaint sought compensation for injuries allegedly incurred when a state police vehicle struck the car in which appellants were riding. The Commonwealth Court dismissed the complaint against the Department of State Police and the Department of General Services on the grounds that, as agencies of the Commonwealth, they were protected by the sovereign immunity of the Commonwealth. It dismissed the complaint against the individual appellees on the ground that as “high public officials” they were absolutely immune from civil liability for acts done within the scope of their authority.

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In Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 388 A.2d 709 (1978), we abrogated the doctrine of sovereign immunity. In DuBree v. Commonwealth of Pennsylvania, 481 Pa. 540, 393 A.2d 293 (1978), we concluded that the liability of officials of the Pennsylvania Department of Transportation “should not have been analyzed solely on the basis of their status as employees of the Commonwealth.” 481 Pa. at 543, 393 A.2d at 294. We vacate the order of the Commonwealth Court and remand for further proceedings consistent with both opinions.

Order of the Commonwealth Court vacated and case remanded for proceedings consistent with this opinion.

Mr. Justice O’BRIEN and Mr. Justice POMEROY would affirm the order of the Commonwealth Court as to the Commonwealth of Pennsylvania for the reasons set forth in Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 406, 408, 388 A.2d 709, 720, 721 (1978) (O’Brien, J., dissenting; Pomeroy, J., dissenting). In all other respects, Mr. Justice O’BRIEN and Mr. Justice POMEROY join the Opinion of the Court.

NIX, J., filed a concurring and dissenting opinion. EAGEN, C. J., dissents.

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).