Legal Opinion

McCool v. Department of Corrections

Commonwealth Court of Pennsylvania

Decided October 28, 2009No. 1882 C.D. 2008PublishedCited by 26 opinions

1Opinion of the Court

OPINION BY

Judge LEAVITT.

John Robert McCool, an inmate at the State Correctional Institution at Forest (SCI-Forest), appeals an order of the Court of Common Pleas of the 37th Judicial District (Forest County Branch) (trial court) that dismissed his medical malpractice complaint on grounds of sovereign immunity and failure to state a cause of action. We affirm, albeit on grounds additional to those relied upon by the trial court.

In his complaint, McCool alleged that he received negligent medical care while at SCI-Forest, where he has been incarcerated since August of 2005. McCool alleges that…

2Cases cited7 opinions

  1. Smith v. YoheSupreme Court of Pennsylvania · 1963
  2. Jae v. GoodCommonwealth Court of Pennsylvania · 2008
  3. LaChance v. Michael Baker Corp.Commonwealth Court of Pennsylvania · 2005
  4. Owens v. ShannonCommonwealth Court of Pennsylvania · 2002
  5. Wareham v. JeffesCommonwealth Court of Pennsylvania · 1989

2 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Brown v. Pa. Dept. of CorrectionsCommonwealth Court of Pennsylvania · 2012
  2. G. Watkins v. PA DOC, Secretary, John Wetzel, Superintendent Robert GilmoreCommonwealth Court of Pennsylvania · 2018
  3. Lopez v. HaywoodCommonwealth Court of Pennsylvania · 2012
  4. Thrower v. PennsylvaniaDistrict Court, W.D. Pennsylvania · 2012
  5. A.D. Brown v. Correct Care SolutionsCommonwealth Court of Pennsylvania · 2023

21 more not listed; retrieve them via the Exa API.

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