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WRIGHT ET AL. v. COMMONWEALTH

No. 1062 C.D. 1976.

29 Pa.Commw. 457 (1977)

Kristoffer Wright, a minor by his Parents and Natural Guardians, Louis Wright and Kelly Wright, and Louis Wright and Kelly Wright in their own behalf, Plaintiffs v. Commonwealth of Pennsylvania, Defendant.

Commonwealth Court of Pennsylvania.

April 4, 1977.

Attorney(s) appearing for the Case

John Woodcock, Jr., for plaintiff.

David Max Baer, Deputy Attorney General, with him J. Justin Blewitt, Jr., Deputy Attorney General, and Robert P. Kane, Attorney General, for defendant.

Argued March 7, 1977, before Judges WILKINSON, JR., MENCER and BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, April 4, 1977:

The plaintiff has filed an action in trespass within our original jurisdiction naming the Commonwealth of Pennsylvania as defendant. The Commonwealth has filed a preliminary objection to the complaint raising the defense of absolute sovereign immunity.

Article I, Section 11 of the Pennsylvania Constitution provides, inter alia, that "[s]uits may be brought against the Commonwealth in such manner, in such courts...

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