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LEHIGH VALLEY AUDIO VISUAL LIBRARY AND INSTRUCTIONAL MATERIALS CENTER v. ALLENTOWN CITY SCHOOL DISTRICT (04/04/73)

SUPERIOR COURT OF PENNSYLVANIA


decided: April 4, 1973.

LEHIGH VALLEY AUDIO VISUAL LIBRARY AND INSTRUCTIONAL MATERIALS CENTER, APPELLANT,
v.
ALLENTOWN CITY SCHOOL DISTRICT

Appeals from orders of Court of Common Pleas of Lehigh County, June T., 1971, No. 28, in case of Lehigh Valley Audio Visual Library and Instructional Materials Center v. School District of the City of Allentown and Ellis J. Cornell.

COUNSEL

Mark H. Scoblionko, with him Scoblionko & Scoblionko, for appellant.

Wallace H. Webster, Jr., with him Perkin, Webster & Christie, for appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. Concurring Opinion by Hoffman, J. Spaulding and Cercone, JJ., join in this concurring opinion.

Author: Per Curiam

[ 224 Pa. Super. Page 149]

Orders affirmed.

Disposition

Orders affirmed.

Concurring Opinion by Hoffman, J.:

This appeal involves a claim against the School District of the City of Allentown for property damages to appellant's Audio Visual Library and Instructional Materials Center. The damage came as a result of a fire allegedly caused by the negligence of one of the School District's employees.

Appellee claims immunity by reason of the fact that it is a municipal subdivision which was performing a governmental function at the time of the alleged accident. Because our Supreme Court has not seen fit to abrogate the doctrine of sovereign immunity, we are bound to invoke that "anachronistic" doctrine and deny appellants a source of relief. I do, however, reaffirm my disapproval of this doctrine and call for its abolition. See Flisek v. Star Fireworks, Inc., 220 Pa. Superior Ct. 350, 286 A.2d 673 (1971) (dissenting opinion); Ayala et al. v. Board of Education, 223 Pa. Superior Ct. 171, 297 A.2d 495 (1972) (concurring opinion); Hill et ux v. North Hills School District, 223 Pa. Superior Ct. 254, 299 A.2d 350 (1972) (concurring opinion).

For the above stated reasons, I concur in the result of the majority.

19730404

© 1998 VersusLaw Inc.



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