Auresto v. Commonwealth

Dissenting Opinion by

Judge Palladino:

I respectfully dissent.

The doctrine of sovereign immunity historically barred all suits against a sovereign, including the Commonwealth of Pennsylvania, unless the sovereign specifically consented to being sued. See Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 388 A.2d 709 (1978) (discussing the history of the doctrine of sovereign immunity). Prior to the Pennsylvania Supreme Court’s decision in Mayle, the Pennsylvania Courts consistently held that the doctrine of sovereign immunity was incorporated into the Penn*480sylvania Constitution, Article…