Boyle v. Commonwealth

I respectfully dissent. I would overrule the Preliminary Objections to Boyle’s Petition for Review.

Robert Boyle (Boyle), who is seeking damages for injuries suffered in an automobile accident, is a plaintiff in a civil action against the Commonwealth’s Department of Transportation (DOT). In response to DOT’s assertions of sovereign immunity1 and limitation of damages,2 Boyle filed a Petition for Review in the nature of a Declaratory Judgment Action asking us to determine the constitutionality of the statutes as applied to a situation where the Commonwealth agency would be completely…