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McDONOUGH v. COMMONWEALTH ET AL.

No. 1316 C.D. 1973.

26 Pa.Commw. 563 (1976)

Betty McDonough, Plaintiff v. Commonwealth of Pennsylvania, Gulf Insurance Company and Reserve Insurance Company et al., Defendants.

Commonwealth Court of Pennsylvania.

October 15, 1976.

Attorney(s) appearing for the Case

Harry R. Nixon, with him Schneider, Nixon & John, for plaintiff.

John J. Walash, Jr., with him Joseph G. Manta, and LaBrum & Doak, for defendant, Gulf Insurance Co.

F. Murray Bryan, with him Clyde W. McIntyre, and McNees, Wallace & Nurick, for defendant, Reserve Insurance Company.

Joseph W. McGuire, Deputy Attorney General, with him J. Justin Blewitt, Jr., Deputy Attorney General, and Robert P. Kane, Attorney General, for defendant, Commonwealth.

Argued September 8, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate.

OPINION BY JUDGE WILKINSON, October 15, 1976:

Plaintiff filed a taxpayers' suit against the Commonwealth of Pennsylvania (Commonwealth) and two named insurance carriers. The complaint alleges that the Commonwealth has paid substantial sums to the defendant carriers to insure state employes against liability for injuries and damages caused by them in the course of their employment. Plaintiff argues that because Commonwealth employes are immune from liability for ordinary...

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