Specter v. Commonwealth

ROBERTS, Justice

(concurring and dissenting).

I agree that the Pennsylvania Turnpike Commission is not immune from suit for the torts of its employees, and therefore I concur in the reversal of the order with respect to the Commission. However, I remain of the view, expressed on many occasions,* that sovereign im*495munity is an archaic doctrine productive of little but mischief and injustice. Therefore, I dissent from the affirmance of the order with respect to the Commonwealth,

NIX, J., joins in this concurring and dissenting opinion.

E. g. Williams v. Pennsylvania Dep’t of Labor & Indus., 460 Pa. 581, 582, 333 A.2d 924-25 (1975) (dissenting opinion of Roberts, J., joined by Nix, J.); McCoy v. Commonwealth, 457 Pa. 513, 514-16, 326 A.2d 396, 397-98 (1974) (dissenting opinion of Roberts, J., joined by Nix & Manderino, JJ.); Sweigard v. Pennsylvania Dep’t of Transp., 454 Pa. 32, 35-38, 309 A.2d 374, 376-77 (1973) (dissenting opinion of Roberts, J., joined by Nix & Manderino, JJ.); Brown v. Commonwealth, 453 Pa. 566, 577-79, 305 A.2d 868, 871-72 (1973) (dissenting opinion of Roberts, J., joined by Nix & Manderino, JJ.); Biello v. Pennsylvania Liquor Control Bd., 454 Pa. 179, 187-92, 301 A.2d 849, 853-56 (1973) (dissenting opinion of Nix, J., joined by Roberts, J.); cf. Ayala v. Philadelphia Bd. of Public Educ., 453 Pa. 584, 305 A.2d 877 (1973).