Marshall v. Port Authority

568 A.2d 931, 524 Pa. 1, 1990 Pa. LEXIS 6
Supreme Court of Pennsylvania·Decided January 17, 1990·No. 29 W.D. Appeal Docket 1988·Published·Cited by 90 cases

Opinions

OPINION OF THE COURT

FLAHERTY*, Justice.

This is an appeal, by allowance, from an order of the Commonwealth Court which reversed a judgment entered by the Court of Common Pleas of Allegheny County. Marshall v. Port Authority of Allegheny County, 106 Pa. Commw.Ct. 131, 525 A.2d 857 (1987). In the Court of Common Pleas the appellees herein, the Port Authority of Allegheny County (PAT) and Michael Baker, Jr., Inc. (Baker), were held jointly and severally liable for injuries sustained by the appellant, Edward J. Marshall. The injuries were sustained in 1981 when appellant, an employee of the Mosites Construction Company (Mosites), was performing demolition work on a railway bridge that had been acquired by PAT. Mosites had been engaged by PAT to demolish the bridge in connection with the construction of a busway. Baker had been engaged to provide certain engineering and other services for the project. The accident occurred as appellant stepped onto a bridge beam, which, unbeknownst to him, had been cut with a torch. The beam collapsed, causing him to fall to the ground and suffer permanent injuries.

In 1982 appellant brought the present action against PAT, alleging negligence by PAT and vicarious liability for negligent conduct of Mosites, and against Baker, alleging negligence in its supervision of Mosites. At trial, a verdict was returned finding PAT seventy percent liable, Baker twenty percent liable, and appellant ten percent contribu[4] torily negligent. Damages in the sum of $800,000.00 were awarded.1

On appeal, the Commonwealth Court reversed, holding that PAT is a “local agency” insulated from liability under the governmental immunity statute, 42 Pa.C.S. § 8541. The primary issue to be addressed in this appeal is whether PAT is entitled to immunity. We affirm that PAT is immune from suit, but upon different statutory grounds, to wit, that PAT is an agency of the Commonwealth protected from liability under the sovereign immunity statute, 42 Pa.C.S. § 8522.2

In its amended pleadings, PAT claimed immunity as an “agency of the Commonwealth,” thereby invoking sovereign immunity as a bar to liability. The Pennsylvania sovereign immunity statute provides:

(a) Liability imposed. — The General Assembly, pursuant to section 11 of Article I of the Constitution of Pennsylvania, does hereby waive, in the instances set forth in subsection (b) only and only to the extent set forth in this subchapter and within the limits set forth in section 8528 (relating to limitations on damages), sovereign immunity as a bar to an action against Commonwealth parties, for damages arising out of a negligent act where the damages would be recoverable under the common law or a statute creating a cause of action if the injury were caused by a person not having available the defense of sovereign immunity.

42 Pa.C.S. § 8522(a) (emphasis added).

Clearly, PAT may claim sovereign immunity if it is a “Commonwealth party.” A “Commonwealth party” is defined in 42 Pa.C.S. § 8501 as “[a] Commonwealth agency and any employee thereof____” Under 42 Pa.C.S. § 102, [5] “Commonwealth agency” is defined as “[a]ny executive agency or independent agency.” Agencies are classified as “executive” if they are under the supervision and control of the Governor, and, if they are not, as “independent.” Id. Both of these types of agencies are expressly defined as including entities such as boards, commissions, authorities, and other agencies “of the Commonwealth government.” Id. “Commonwealth government” is, in turn, defined as encompassing the following:

... the departments, boards, commissions, authorities and officers and agencies of the Commonwealth, but the term does not include any political subdivision, municipal or other local authority, or any officer or agency of any such political subdivision or local authority.

42 Pa.C.S. § 102 (emphasis added). The question presented, therefore, is whether PAT is an “agency of the Commonwealth,” rather than one of the types of local agencies excluded from the definition of “Commonwealth government.” If PAT is an “agency of the Commonwealth,” it is plainly a “Commonwealth party” entitled to immunity under 42 Pa.C.S. § 8522(a), supra.

Express statutory language contained in the legislation which created PAT makes it eminently clear that PAT is an agency of the Commonwealth. PAT’s genesis lies in the Second Class County Port Authority Act, 55 P.S. § 553(a), which provides:

There are hereby created bodies corporate and politic in counties of the second class, to be known as Port Authority of (insert name of county), which shall constitute public bodies corporate and politic; exercising the public powers of the Commonwealth as an agency thereof.

(Emphasis added). In view of this plain statutory language, it would be impossible to conclude that PAT is anything other than an agency of the Commonwealth. PAT was created by the Commonwealth, rather than by local government, and acts as an agency of the Commonwealth (even though PAT’s Board is appointed by county commissioners pursuant to 55 P.S. § 556). See also Feingold v. Southeast[6] ern Pennsylvania Transportation Authority, 512 Pa. 567, 517 A.2d 1270 (1968) (holding that the Southeastern Pennsylvania Transportation Authority (SEPTA) is an agency of the' Commonwealth for liability purposes, where the relevant enabling statute provided, in part, that SEPTA shall “exercise the public powers of the Commonwealth as an agency and instrumentality thereof.”). As an agency of the Commonwealth, PAT is entitled to the protection of sovereign immunity.

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Marshall v. Port Authority, 568 A.2d 931, 524 Pa. 1, 1990 Pa. LEXIS 6 (Pa. 1990).

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