Nos. 124 and 130 March Term, 1977, Appeals from Order of the Common-court of Pennsylvania at 1175 C.D. 1976 entered March 25, 1977.
Stevens, Clark, Laubach & Semple, David A. McVey, Baskin, Boreman, Wilner, Sachs, Gondelman & Craig, Jerome M. Libenson, Pittsburgh, for appellant in No. 124 and appellee in No. 130.
J. Justin Blewitt, Jr., John L. Sweezy, David Max Baer, Harrisburg, for appellants in No. 130 and appellees in No. 124.
Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Larsen, JJ. Pomeroy, J., filed a dissenting opinion in which Eagen, C. J., and O'Brien, J., joined.
Stephen Tokar, administrator of the estate of decedent Melva Tokar, brought an action in trespass against defendants,
the Commonwealth of Pennsylvania, the Pennsylvania Department of Transportation, and six individual employees of the Department. The complaint alleged that decedent was killed when the car she was driving struck a bump in a public highway, causing her to lose control. Tokar alleges that the accident was the result of the negligence of the Commonwealth and its employees in failing to maintain the road properly or to warn the motoring public of its dangerous condition.
The Commonwealth Court dismissed the complaint against the Commonwealth and the Department of Transportation on the grounds of sovereign immunity. Tokar, appellant at No. 124, appealed from this portion of the court's order.*fn1
The Commonwealth Court held that it did not have jurisdiction over the individual defendants because they were not "officers" of the Commonwealth within the meaning of section 401 of the Appellate Court Jurisdiction Act of 1970.*fn2 It therefore transferred the action against the individual defendants to the Court of Common Pleas of Cambria County. The individual defendants, appellants at No. 130, took an interlocutory appeal under the Act of March 5, 1925, P.L. 23, § 1, 12 P.S. § 672 (1953), from this portion of the order.
In Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 388 A.2d 709 (1978), we abrogated the doctrine of sovereign immunity. We therefore reverse the order of the Commonwealth Court dismissing the complaint against the Commonwealth and the Pennsylvania Department of Transportation.
On remand, the Commonwealth Court will retain jurisdiction over both the Commonwealth and the individual defendants. "Section 401(a)(1) [of the Appellate Court Jurisdiction Act] may properly be construed to give the Commonwealth Court jurisdiction as to all the ...