Legal Opinion · Dissent

Oliver v. City of Pittsburgh

Commonwealth Court of Pennsylvania

Decided July 17, 2009No. 1441 C.D. 2008Published

1Dissent

DISSENTING OPINION BY

Judge SMITH-RIBNER.

Respectfully, I dissent from the decision of the majority that reverses the order of the Court of Common Pleas of Allegheny County granting the motion for judgment on the pleadings filed by Casandra Oliver (Oliver) in her declaratory judgment action and denying reimbursement to the City of Pittsburgh (City) for benefits paid to Oliver under the statute commonly known as the Heart and Lung Act, Act of June 28, 1935, P.L. 477, as amended, 53 P.S. §§ 637-638. In reversing, the majority reaffirms the erroneous decision in Brown v. Rosenberger, 723 A.2d 745…

2Cases cited10 opinions

  1. Topelski v. Universal South Side Autos, Inc.Supreme Court of Pennsylvania · 1962
  2. Fulmer v. Com., Pennsylvania State PoliceCommonwealth Court of Pennsylvania · 1994
  3. Walters Et Ux. v. KamppiCommonwealth Court of Pennsylvania · 1988
  4. City of Pittsburgh v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2002
  5. Brown v. RosenbergerCommonwealth Court of Pennsylvania · 1999

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