Legal Opinion
Hernandez v. Whitesell
District Court, E.D. Pennsylvania
Decided October 6, 1978No. Civ. A. 77-668PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
FULLAM, District Judge.
Plaintiff’s decedent was killed when her car skidded on an icy roadway. Plaintiff initially filed suit against the Pennsylvania Department of Transportation (“Penn-DOT”) and various of its employees. Penn-DOT was dismissed as a defendant in 1977, on grounds of sovereign immunity. At that time, the Supreme Court of Pennsylvania had pending before it several cases in which abrogation of the defense of sovereign immunity was being sought; accordingly, the Order of dismissal in this case was expressly made without prejudice to plaintiff’s right to refile…
2Cases cited12 opinions
- Edelman v. JordanSupreme Court of the United States · 1974
- Hans v. LouisianaSupreme Court of the United States · 1890
- Ford Motor Co. v. Department of TreasurySupreme Court of the United States · 1945
- Parden v. Terminal Railway of Alabama State Docks DepartmentSupreme Court of the United States · 1964
- Great Northern Life Insurance Co. v. ReadSupreme Court of the United States · 1944
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Marrapese v. Rhode IslandDistrict Court, D. Rhode Island · 1980
- Castle v. CohenDistrict Court, E.D. Pennsylvania · 1987
- Witter v. Pennsylvania National GuardDistrict Court, E.D. Pennsylvania · 1978
- Skehan v. Board of Trustees of Bloomsburg State CollegeCourt of Appeals for the Third Circuit · 1982
- Savory v. Kawasaki Motor Corp., USADistrict Court, E.D. Pennsylvania · 1979
3 more not listed; retrieve them via the Exa API.