Marshall v. Port Authority

While I agree with the Majority that PAT is a “Commonwealth agency,” albeit for slightly different reasons, I do not believe that PAT is protected by sovereign immunity here and I conclude that the majority is wrong, not only in affirming the Commonwealth Court reversal of the judgment entered against PAT herein, but that the majority is also wrong in affirming the Commonwealth Court reversal of the judgment entered against Appellee Baker. Hence, I dissent.

Before addressing the issue of whether PAT is entitled to sovereign or governmental immunity, a brief explanation of the history of…