Tork-Hiis v. Commonwealth

OPINION OF THE COURT

FLAHERTY, Chief Justice.

This is an appeal by allowance from an en banc judgment of the commonwealth court, which reversed the judgment of the trial court and expressly overruled its own precedent. The issue is whether a complaint against the Commonwealth of Pennsylvania in a tort action for damages may be amended to substitute a commonwealth agency or employee after the statute of limitations has run.

Inge and Andres Tork arrived at Promised Land State Park and signed out in the park log before going cross-country skiing on January 25, 1994. They did not return to sign back…