Carroll v. York County
Decision Date | 14 December 1981 |
Citation | 437 A.2d 394,496 Pa. 363 |
Parties | Nancy D. CARROLL, Administratrix of the Estate of Craig S. Breeswine, Petitioner-Plaintiff, v. The COUNTY OF YORK, Respondent-Defendant. |
Court | Pennsylvania Supreme Court |
At issue on this appeal is the constitutionality of the Political Subdivision Tort Claims Act 1 enacted five years after this Court abrogated the judicially created doctrine of governmental immunity. See Ayala v. Philadelphia Board of Public Education, 453 Pa. 584, 305 A.2d 877 (1973). With the exception of eight areas of activity, not including the activity giving rise to the present action, the Act reinstates the immunity of political subdivisions from suit. 2
Plaintiff Nancy D. Carroll filed wrongful death and survival claims in the Court of Common Pleas of York County seeking to recover for the death of her son, Craig S. Breeswine. Decedent committed suicide on February 14, 1979 while in the custody of the York County Detention Home. Plaintiff alleges that Detention Home officials negligently contributed to the death of decedent by placing him in an isolated, inadequately supervised area, even though they knew of decedent's depressed emotional condition and his previous suicide attempt at the Detention Center. Defendant, County of York, filed preliminary objections to the complaint, asserting immunity from suit under the provisions of the Political Subdivision Tort Claims Act. Plaintiff responded by challenging the constitutionality of the Act. Before the trial court entered a determination, plaintiff petitioned this Court for the assumption of plenary jurisdiction. We granted the petition. 3 See 42 Pa.C.S. § 726.
Because we conclude that plaintiff's challenges to the constitutionality of the Act are without merit, we sustain the defendant's preliminary objections and dismiss the plaintiff's complaint.
The first sentence of Article I, Section 11 of the Pennsylvania Constitution provides:
"All courts shall be open, and every man for an injury done him in his lands, goods, person or reputation shall have remedy by due course of law, and right and justice administered without sale, denial or delay."
Plaintiff relies on this first sentence to argue that, by prohibiting a tort victim from successfully suing the Commonwealth, the Act unconstitutionally "closes" the courts to potential plaintiffs by denying them a "remedy by due course of law."
Plaintiff's argument, based solely on the first sentence of Article I, Section 11, completely ignores the concluding sentence of that section:
"Suits may be brought against the Commonwealth in such manner and in such cases as the Legislature may by law direct."
This concluding sentence of Article I, Section 11 is an integral, unequivocal and controlling portion of the Constitutional provision upon which plaintiff would rely.
In 1978, this Court discussed the relationship between Article I, Section 11 and the doctrine of sovereign immunity:
City of Pittsburgh v. Commonwealth of Pennsylvania, 468 Pa. 174, 179, 360 A.2d 607, 610 (1976), quoting Commonwealth v. Moir, 199 Pa. 534, 541, 49 A. 351, 352 (1901). Consistent with Mayle, the conferring of tort immunity upon political subdivisions is within the scope of the Legislature's authority pursuant to Article I, Section 11.
Nonetheless, plaintiff maintains that the Political Subdivision Tort Claims Act creates arbitrary and irrational classifications. Plaintiff seizes upon language in Ayala, supra, where this Court stated:
453 Pa. at 592, 305 A.2d at 881.
453 Pa. at 600, 305 A.2d at 885, quoting Flagiello v. Pennsylvania Hospital, 417 Pa. 486, 503, 208 A.2d 193, 202 (1965) (emphasis added in Ayala). So too, in Hack v. Hack, --- Pa. ---, 433 A.2d 859 (1981), where this Court recently abrogated interspousal immunity, the primary issue was whether the Legislature had intended to create the immunity. There was no serious question that, absent a controlling statute, this Court could and should abrogate the doctrine.
This Court has frequently recognized that the Legislature may permissibly limit liability on the basis of a defendant's status. For example, in Sherwood v. Elgart, 383 Pa. 110, 117 A.2d 899 (1955), this Court found no violation of Article I, Section 11, where a statute denied a remedy in tort to all victims of negligent trespass to personal property which occurred while the property was in the care of an innkeeper even though the same negligent trespass by an owner of an apartment house or an apartment building would have given rise to liability. So too, in Freezer Storage, Inc. v. Armstrong Cork Co., 476 Pa. 270, 382 A.2d 715 (1978), our Court found no constitutional violation where the Legislature had provided that tort liability of architects and builders would terminate twelve years after completion of a structure despite the fact that others not engaged in the improvement of real estate, such as suppliers of property, were not made similarly immune.
476 Pa. at 281, 382 A.2d at 721. See also Tsarnas v. Jones & Laughlin Steel Corp., 488 Pa. 513, 412 A.2d 1094 (1980); Singer v. Sheppard, 464 Pa. 387, 346 A.2d 897 (1975); Jackman v. Rosenbaum Co., 263 Pa. 158, 106 A. 238 (1919), aff'd, 260 U.S. 22, 43 S.Ct. 9, 67 L.Ed. 107 (1922).
It is not our function to displace a rationally based legislative judgment.
Williamson v. Lee Optical Co., 348 U.S. 483, 489, 75 S.Ct. 461, 465, 99 L.Ed. 563 (1955) (citations omitted). See Dandridge v. Williams, 397 U.S. 471, 486-87, 90 S.Ct. 1153, 1162, 25 L.Ed.2d 491 (1970); Springfield School District v. Department of Education, 483 Pa. 539, 397 A.2d 1154 (1979).
May, 1978 Report at 10. Manifestly, it is within the province of the Legislature to determine that certain bars to suit are, in its judgment, needed for the operation of local government. 4 Contrary to plaintiff's assertions, the Political Subdivision Tort...
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