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7 Pennsylvania opinions name it 4 courts 1999–2024 2 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Department of Public Welfare v. Schultzgreen2 sentences2024We explicitly declined to address a similar question in Department of Public Welfare v. Schultz, 855 A.2d 753, 754 (Pa. 2004) (stating that we would not “resolve the issue of whether the Wrongful Death Act, outside the context of sovereign immunity, permits [J-39-2023] - 15 recovery of” non-pecuniary damages “in a suit against a private party”), and we do not address the issue in this appeal given the narrow question granted for our review. 13 V. 2024We explicitly declined to address a similar question in Department of Public Welfare v. Schultz, 855 A.2d 753, 754 (Pa. 2004) (stating that we would not “resolve the issue of whether the Wrongful Death Act, outside the context of sovereign immunity, permits [J-39-2023] - 15 recovery of” non-pecuniary damages “in a suit against a private party”), and we do not address the issue in this appeal given the narrow question granted for our review.13 V. | 2 | 4 |
Schell v. Guthgreen2 sentences2019Moreover, because sovereign immunity is an affirmative defense, Schell v. Guth, 88 A.3d 1053, 1068 (Pa. Commw. 2014), the defendant carries the burden at trial of proving that his conduct was within the scope of his employment. 2019Moreover, because sovereign immunity is an affirmative defense, Schell v. Guth , 88 A.3d 1053 , 1068 (Pa. Commw. 2014), the defendant carries the burden at trial of proving that his conduct was within the scope of his employment. | 1 | 1 |
Mascaro v. Youth Study Centergreen2 sentences1999She also argues, however, that even if the person who pushed her is liable, the PHA can also be liable for her injuries because it was a concurrent cause of her injuries and is a joint tortfeasor. 4 Relying on this Court’s holding in Byard v. Philadelphia Housing Authority, 157 Pa.Cmwlth. 269 , 629 A.2d 288 (1998), petition for allowance of appeal denied, 536 Pa. 618 , 637 A.2d 278 (1993), and our Supreme Court’s decision in Mascaro v. Youth Study Center of the City of Philadelphia, 514 Pa. 351 , 523 A.2d 1118 (1987) (City not liable for actions of third party who attacked family after escapin 1999She also argues, however, that even if the person who pushed her is liable, the PHA can also be liable for her injuries because it was a concurrent cause of her injuries and is a joint tortfeasor. 4 Relying on this Court’s holding in Byard v. Philadelphia Housing Authority, 157 Pa.Cmwlth. 269 , 629 A.2d 288 (1998), petition for allowance of appeal denied, 536 Pa. 618 , 637 A.2d 278 (1993), and our Supreme Court’s decision in Mascaro v. Youth Study Center of the City of Philadelphia, 514 Pa. 351 , 523 A.2d 1118 (1987) (City not liable for actions of third party who attacked family after escapin | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kiser v. Schulte
green
2 sentences2004This is evident when in Vrabel the Commonwealth Court was addressing the argument of plaintiff parents that the holding of Kiser v. Schulte, 538 Pa. 219 , 648 A.2d 1 (1994), which permitted the present value of services the deceased would have provided to the family to be recovered as wrongful death damages, would permit the recovery under the Wrongful Death Act for the loss of his son’s services and stated that: "Kiser did not involve application of the Sovereign Immunity Act; consequently, the case is inapposite to this controversy where the Sovereign Immunity Act applies.” 844 A.2d at 600 . 2004This is evident when in Vrabel the Commonwealth Court was addressing the argument of plaintiff parents that the holding of Kiser v. Schulte, 538 Pa. 219 , 648 A.2d 1 (1994), which permitted the present value of services the deceased would have provided to the family to be recovered as wrongful death damages, would permit the recovery under the Wrongful Death Act for the loss of his son’s services and stated that: "Kiser did not involve application of the Sovereign Immunity Act; consequently, the case is inapposite to this controversy where the Sovereign Immunity Act applies.” 844 A.2d at 600 . | 1 | 2004–2004 |
Department of Public Welfare v. Schultz
green
1 sentence2004The specific holding in Schultz , relied upon in Vrabel , stated the following: “We find no support in our law for the proposition that a parent may recover for the noneconomic loss of the guidance, support, comfort, maintenance, companionship and society of a child under the Wrongful Death Act in the context of sovereign immunity and we conclude as a matter of law that such damages are not recoverable.” 822 A.2d at 878 . (emphasis added) From this language, and from the facts of the case, it is clear that the Commonwealth Court was limiting its holding to when sovereign immunity applies. | 1 | 2004–2004 |
Vrabel v. Commonwealth
green
1 sentence2004This is evident when in Vrabel the Commonwealth Court was addressing the argument of plaintiff parents that the holding of Kiser v. Schulte, 538 Pa. 219 , 648 A.2d 1 (1994), which permitted the present value of services the deceased would have provided to the family to be recovered as wrongful death damages, would permit the recovery under the Wrongful Death Act for the loss of his son’s services and stated that: "Kiser did not involve application of the Sovereign Immunity Act; consequently, the case is inapposite to this controversy where the Sovereign Immunity Act applies.” 844 A.2d at 600 . | 1 | 2004–2004 |
Byard v. Philadelphia Housing Authority
green
2 sentences1999She also argues, however, that even if the person who pushed her is liable, the PHA can also be liable for her injuries because it was a concurrent cause of her injuries and is a joint tortfeasor. [4] Relying on this Court's holding in Byard v. Philadelphia Housing Authority, 157 Pa.Cmwlth. 269 , 629 A.2d 283 (1993), petition for allowance of appeal denied, 536 Pa. 618 , 637 A.2d 278 (1993), and our Supreme Court's decision in Mascaro v. Youth Study Center of the City of Philadelphia, 514 Pa. 351 , 523 A.2d 1118 *174 (1987) (City not liable for actions of third party who attacked family after 1999She also argues, however, that even if the person who pushed her is liable, the PHA can also be liable for her injuries because it was a concurrent cause of her injuries and is a joint tortfeasor. 4 Relying on this Court’s holding in Byard v. Philadelphia Housing Authority, 157 Pa.Cmwlth. 269 , 629 A.2d 288 (1998), petition for allowance of appeal denied, 536 Pa. 618 , 637 A.2d 278 (1993), and our Supreme Court’s decision in Mascaro v. Youth Study Center of the City of Philadelphia, 514 Pa. 351 , 523 A.2d 1118 (1987) (City not liable for actions of third party who attacked family after escapin | 1 | 1999–1999 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.