Martin v. National Surety Corp.

Dissenting Opinion by

Mr. Justice Egberts:

I am of the opinion that the preliminary objections were properly sustained and would affirm the judgment of the trial court.

First, with regard to the Commonwealth, it is indisputable that as a sovereign state it is immune from suit except insofar as it waives its immunity.1 The Constitution of Pennsylvania, Article I, Section 11, provides that: “Suit may be brought against the Commonwealth in such manner, in such courts and in such cases as the Legislature may by law direct.” The scope of the immunity, then, turns on what the Legislature has done with…