Department of Public Welfare v. Schultz, 579 Pa. 164

Summary

The Supreme Court of Pennsylvania held that a parent may not recover non-pecuniary losses arising from the death of a child in a wrongful-death action against the Commonwealth. Applying the Sovereign Immunity Act's damages limitations, the court concluded that such losses do not constitute recoverable loss-of-consortium damages because Pennsylvania law limits consortium claims to spouses. The court affirmed the Commonwealth Court's order and relinquished jurisdiction.

Holdings

1. The Sovereign Immunity Act's waiver and damages limitations apply to suits against the Commonwealth arising under either the common law or a statute creating a cause of action.
2. A parent may not recover non-pecuniary losses from the Commonwealth resulting from the death of a child because those losses are not recoverable within the categories permitted by the Sovereign Immunity Act.

Questions Presented

1. Whether the Sovereign Immunity Act's limitations on recoverable damages apply to statutory wrongful-death claims against the Commonwealth.
2. Whether a parent may recover non-pecuniary losses for the death of a child in a wrongful-death action against the Commonwealth.
3. Whether the Supreme Court should decide whether such damages are available in a wrongful-death action against a private party outside the sovereign-immunity context.

Disposition

affirmed