Mayle v. Pennsylvania Department of Highways, 479 Pa. 384

Summary

The Supreme Court of Pennsylvania held that the doctrine of sovereign immunity did not bar a tort action against the Commonwealth and that Article I, Section 11 of the Pennsylvania Constitution did not prevent judicial abrogation of that doctrine. The court abolished sovereign immunity, overruled inconsistent cases, and reversed and remanded the dismissal of Jimmy Mayle's negligence action against the Pennsylvania Department of Highways. Separate concurring and dissenting opinions addressed the constitutional and legislative authority issues.

Holdings

1. Pennsylvania's common-law doctrine of sovereign immunity is abolished; the Commonwealth is not categorically immune from tort liability merely because the Legislature has not authorized the particular suit.
2. Article I, section 11 of the Pennsylvania Constitution is neutral on sovereign immunity and does not preclude the Supreme Court of Pennsylvania from abolishing the common-law doctrine.
3. Stare decisis does not require preservation of sovereign immunity because it is not a vehicle for perpetuating an obsolete and unjust legal error.

Questions Presented

1. Whether Pennsylvania's sovereign-immunity doctrine barred tort liability against the Commonwealth absent express or implied legislative authorization.
2. Whether article I, section 11 of the Pennsylvania Constitution required sovereign immunity or prohibited the judiciary from abolishing the doctrine.
3. Whether stare decisis required the court to retain sovereign immunity despite its conclusion that the doctrine was unfair, obsolete, and nonconstitutional.

Disposition

reversed_and_remanded