Commonwealth v. Lishon

Opinion by

Judge Rogers,

This is a suit in equity against the Commonwealth of Pennsylvania. An issue is the Commonwealth’s immunity as sovereign. The suit was begun prior to July 14, 1978, the date on which the Pennsylvania Supreme Court abrogated sovereign immunity. Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 388 A.2d 709 (1978). The case was first argued in this Court on September 28, 1978, the same day during which the General Assembly enacted, effective immediately, Act No. 152-1978, retroactively restoring the doctrine of sovereign immunity except with respect to eight…