HOFFNER ET UX. v. J. D. MORRISSEY, INC. ET AL.

No. 1940 C.D. 1976.

36 Pa.Commw. 513 (1978)

George Hoffner and Gladys Hoffner, his wife, individually and as parents and guardians of George Hoffner, Jr., a minor, Appellants v. James D. Morrissey, Inc., Middletown Township, and Commonwealth of Pennsylvania and Norbert Lange and Joanne Lange, Appellees.

Commonwealth Court of Pennsylvania.

July 12, 1978.


Attorney(s) appearing for the Case

Jerome M. Dubyn, with him Dubyn & Smith, for appellants.

John T. Kalita, Jr., Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, Samuel G. Moyer, Frederick E. Smith, and Allen A. Pechter, for appellees.

Argued April 7, 1978, before Judges CRUMLISH, JR., MENCER and ROGERS, sitting as a panel of three.


OPINION BY JUDGE CRUMLISH, JR., July 12, 1978:

George and Gladys Hoffner (Appellants) appeal the decision of the Court of Common Pleas sustaining the motion by the Commonwealth of Pennsylvania (Commonwealth) for judgment on the pleadings based on the Commonwealth's assertion of its sovereign immunity.1

Appellants cannot and do not challenge the applicability of the sovereign...

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