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Essay / Research Paper Abstract
This 5 page paper examines the nine exceptions. Some examples are provided. Bibliography lists 4 sources.
Page Count:
5 pages (~225 words per page)
File: RT13_SA648Pa.rtf
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Unformatted sample text from the term paper:
there are certain instances in which sovereign immunity is not imposed ("Pennsylvania Consolidated Statutes," 2001). Acts where there may be a liability concern vehicles liability where a motor vehicle
is operated that is in control of the Commonwealth ("Pennsylvania Consolidated Statutes," 2001). This may include rail, air or water vehicles ("Pennsylvania Consolidated Statutes," 2001). There are several other exceptions.
However, before going on to list each exception, it pays to note some milestones in this regard. In 1973, in May and June of that year, two Court cases
came to the Supreme Court of Pennsylvania regarding the exceptions to the doctrine of sovereign immunity ("Kitto v. Minot Park District," 1974). These cases were Brown v. Commonwealth and Ayala
v. Philadelphia Board of Public Education ("Kitto v. Minot Park District," 1974). In these cases the "court held that the doctrine of governmental immunity was abolished" ("Kitto v. Minot
Park District," 1974). Interestingly, in the latter case, " three dissenting justices argued that sovereign immunity was not constitutionally mandated and should have been abolished" ("Kitto v. Minot Park
District," 1974). Clearly, this is a controversial issue. Whether or not the government is responsible for negligence, or overt acts, often comes up in courts throughout the nation. Each state
has its own statutes in this regard. It has already been noted that one exception has to do with transportation. A second exception is as it respects health
and health care. The statute reads: "Acts of health care employees of Commonwealth agency medical facilities or institutions or by a Commonwealth party who is a doctor, dentist, nurse or
related health care personnel" ("Pennsylvania Consolidated Statutes," 2001). Here, the government is taking responsibility when it comes to health concerns and the actions of their employees. A third exception
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