Harrisburg State Hospital v. Sherk

PALLADINO, Judge.

Harrisburg State Hospital (Appellant) appeals an order of the Court of Common Pleas of Dauphin County (trial court) which overruled Appellant’s preliminary objection in the nature of a demurrer raising the defense of sovereign immunity.1 For the reasons stated below, we reverse.

The facts are undisputed in this case. On June 14, 1986, police officer Thomas Sherk, (Sherk) while investigating a report of a suspicious person, attempted to place under arrest one Mark Jordan (Jordan). A scuffle ensued during which Jordan obtained Sherk’s service revolver and shot Sherk in the…