Mayle v. Pennsylvania Department of Highways

OPINION OF THE COURT

ROBERTS, Justice.

Appellant Jimmy Mayle brought an action in trespass against appellee Pennsylvania Department of Highways in the Commonwealth Court for damages incurred as a result of injuries allegedly caused by appellee’s negligent maintenance of Legislative Route 79, a public highway. Appellee asserted that the “sovereign immunity” of the Commonwealth prohibited any court in the Commonwealth from hearing the suit. The Commonwealth Court dismissed the complaint. We reverse.1

The question before us is whether the Commonwealth is immune from tort liability except where a…