Levine v. Commonwealth

Commonwealth Court of Pennsylvania

Levine v. Commonwealth

383 A.2d 1291, 34 Pa. Commw. 385, 1978 Pa. Commw. LEXIS 956

CourtCommonwealth Court of Pennsylvania

DecidedMarch 27, 1978

DocketNo. 1170 C.D. 1977

StatusPublished

Cited by1 cases

This text of 383 A.2d 1291 (Levine v. Commonwealth) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Levine v. Commonwealth, 383 A.2d 1291, 34 Pa. Commw. 385, 1978 Pa. Commw. LEXIS 956 (Pa. Ct. App. 1978).

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Opinion

Per Curiam,

This action in trespass, brought by Wendy Levine (Levine) against the Commonwealth of Pennsylvania (Commonwealth) seeks to recover damages for injuries sustained when she was thrown from her vehicle while riding on a state highway in Montgomery County, Pennsylvania. It is alleged that a defective condition in the highway caused the accident and subsequent injuries. Presently before us is the Commonwealth’s Motion for Judgment on the Pleadings. This Motion raises the question of constitutional immunity by reason of Article I, Section 11 of the Constitution of Pennsylvania.

It has been consistently and repeatedly held that the Commonwealth is immune from suits in tort. See Freach v. Shovlin, 471 Pa. 558, 370 A.2d 1163 (1977); Specter v. Commonwealth, 462 Pa. 474, 341 A.2d 481 (1975). In fact, Levine admits to the continuing vitality of the doctrine of sovereign immunity, but asks that we set it aside. This being the present state of the law, we are compelled to grant the Commonwealth’s Motion. See Lovrinoff v. Pennsylvania Turnpike Commission, 3 Pa. Commonwealth Ct. 161, 281 A.2d 176 (1971).

[387]*387Per Curiam Order

And Now, this 27th day of March, 1978, the Motion for Judgment on the Pleadings filed by the Commonwealth of Pennsylvania is hereby granted, and judgment is entered in favor of the Commonwealth.

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Per Curiam,

This action in trespass, brought by Wendy Levine (Levine) against the Commonwealth of Pennsylvania (Commonwealth) seeks to recover damages for injuries sustained when she was thrown from her vehicle while riding on a state highway in Montgomery County, Pennsylvania. It is alleged that a defective condition in the highway caused the accident and subsequent injuries. Presently before us is the Commonwealth’s Motion for Judgment on the Pleadings. This Motion raises the question of constitutional immunity by reason of Article I, Section 11 of the Constitution of Pennsylvania.

It has been consistently and repeatedly held that the Commonwealth is immune from suits in tort. See Freach v. Shovlin, 471 Pa. 558, 370 A.2d 1163 (1977); Specter v. Commonwealth, 462 Pa. 474, 341 A.2d 481 (1975). In fact, Levine admits to the continuing vitality of the doctrine of sovereign immunity, but asks that we set it aside. This being the present state of the law, we are compelled to grant the Commonwealth’s Motion. See Lovrinoff v. Pennsylvania Turnpike Commission, 3 Pa. Commonwealth Ct. 161, 281 A.2d 176 (1971).

[387]*387Per Curiam Order

And Now, this 27th day of March, 1978, the Motion for Judgment on the Pleadings filed by the Commonwealth of Pennsylvania is hereby granted, and judgment is entered in favor of the Commonwealth.

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Bluebook (online)

383 A.2d 1291, 34 Pa. Commw. 385, 1978 Pa. Commw. LEXIS 956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levine-v-commonwealth-pacommwct-1978.

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