PRIOR PRINTER'S NOS. 3135, 3321 PRINTER'S NO. 3664
No. 2437 Session of 1978
INTRODUCED BY MESSRS. BERSON, DORR, CAPUTO, MORRIS, RUGGIERO, BRANDT, LEVI, SCHEAFFER, W. D. HUTCHINSON, MOEHLMANN, STAPLETON, SCIRICA, YOHN, IRVIS, MANDERINO, BRUNNER AND SPENCER, APRIL 19, 1978
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, SEPTEMBER 12, 1978
AN ACT 1 Amending Titles 1 (General Provisions) and 42 (Judiciary and 2 Judicial Procedure) of the Pennsylvania Consolidated 3 Statutes, RESPONDING TO AND PRESCRIBING LIMITATIONS ON <-- 4 DECISIONAL LAW, reaffirming sovereign immunity as provided in 5 section 11 of Article I of the Constitution of Pennsylvania, 6 preserving sovereign immunity as a bar to claims brought 7 against Commonwealth agencies and their officials and 8 employees; specifically waiving sovereign immunity as 9 provided by the Constitution in certain limited cases; 10 granting jurisdiction to certain courts over claims brought 11 against Commonwealth agencies; providing for limitations upon 12 and the procedures relating to said claims; authorizing rules 13 and regulations; SUSPENDING CERTAIN JUDICIAL PROCEEDINGS <-- 14 UNTIL JULY 1, 1979, SHORTENING THE STATUTES OF LIMITATIONS IN 15 CERTAIN CASES; and repealing certain laws. 16 The General Assembly of the Commonwealth of Pennsylvania 17 hereby enacts as follows: 18 Section 1. Title 1, act of November 25, 1970 (P.L.707, 19 No.230), known as the Pennsylvania Consolidated Statutes, is 20 amended by adding a part to read: 21 PART VI 22 IMPLEMENTATION OF CONSTITUTIONAL PROVISIONS 23 Chapter
1 23. Implementation of Constitutional Provisions 2 CHAPTER 23 3 IMPLEMENTATION OF CONSTITUTIONAL PROVISIONS 4 Sec. 5 2310. Sovereign immunity reaffirmed; specific waiver. 6 § 2310. Sovereign immunity reaffirmed; specific waiver. 7 Pursuant to section 11 of Article I of the Constitution of 8 Pennsylvania, it is hereby declared to be the intent of the 9 General Assembly that the Commonwealth, and its officials and 10 employees acting within the scope of their duties, shall 11 continue to enjoy sovereign and official immunity and remain 12 immune from suit except as the General Assembly shall 13 specifically waive the immunity. When the General Assembly 14 specifically waives sovereign immunity, a claim against the 15 Commonwealth and its officials and employees shall be brought 16 only in such manner and in such courts and in such cases as 17 directed by the provisions of Title 42 (relating to judiciary 18 and judicial procedure) unless otherwise specifically authorized 19 by statute. 20 Section 2. Sections 761(a) and (c), 762(a)(1), 931(a) and 21 (c), 5101(b), 5110, 5111 and 5522(a) of Title 42 are amended or 22 added to read: 23 § 761. Original jurisdiction. 24 (a) General rule.--The Commonwealth Court shall have 25 original jurisdiction of all civil actions or proceedings: 26 (1) Against the Commonwealth government, including any 27 officer thereof, acting in his official capacity, except: 28 (i) actions or proceedings in the nature of 29 applications for a writ of habeas corpus or post- 30 conviction relief not ancillary to proceedings within the 19780H2437B3664 - 2 -
1 appellate jurisdiction of the court; [and] 2 (ii) eminent domain proceedings; and 3 (iii) actions on claims in which sovereign immunity 4 has been waived pursuant to section 5110 (relating to 5 limited waiver of sovereign immunity) and pursuant to the 6 act of May 20, 1937 (P.L.728, No.193), referred to as the 7 Board of Arbitration of Claims Act. 8 (2) By the Commonwealth government, including any 9 officer thereof, acting in his official capacity, except 10 eminent domain proceedings. 11 (3) Original jurisdiction of which is vested in the 12 Commonwealth Court by any statute hereafter enacted. 13 * * * 14 (c) No waiver of sovereign immunity.--The provisions of 15 subsection (a)(1) relating to actions or proceedings against the 16 Commonwealth shall not be construed as a waiver by the 17 Commonwealth of immunity to suit except as specifically waived 18 pursuant to section 5110 (relating to limited waiver of 19 sovereign immunity) or pursuant to the act of May 20, 1937 20 (P.L.728, No.193), referred to as the Board of Arbitration of 21 Claims Act. 22 * * * 23 § 762. Appeals from courts of common pleas. 24 (a) General rule.--Except as provided in subsection (b), the 25 Commonwealth Court shall have exclusive jurisdiction of appeals 26 from final orders of the courts of common pleas in any of the 27 following cases: 28 (1) Commonwealth civil cases.--All civil actions or 29 proceedings to which the Commonwealth or any officer or 30 employee thereof, acting in his official capacity or within 19780H2437B3664 - 3 -
1 the scope of his duties, is a party, including actions or 2 claims in which sovereign immunity has been waived pursuant 3 to section 5110 (relating to limited waiver of sovereign 4 immunity, except actions or proceedings in the nature of 5 applications for a writ of habeas corpus or post-conviction 6 relief not ancillary to proceedings within the appellate 7 jurisdiction of the court. 8 * * * 9 § 931. Original jurisdiction and venue. 10 (a) General rule.--Except where exclusive original 11 jurisdiction of an action or proceeding is by statute or by 12 general rule adopted pursuant to section 503 (relating to 13 reassignment of matters) vested in another court of this 14 Commonwealth, the courts of common pleas shall have unlimited 15 original jurisdiction of all actions and proceedings, including 16 all actions and proceedings heretofore cognizable by law or 17 usage in the courts of common pleas and actions pursuant to 18 section 5110 (relating to limited waiver of sovereign immunity). 19 * * * 20 (c) Venue [and process.--The] .--Except for the manner in 21 which actions against a Commonwealth agency, its officials and 22 employees may be brought, the venue of a court of common pleas 23 concerning matters over which jurisdiction is conferred by this 24 section shall be as prescribed by general rule. Actions for 25 claims against a Commonwealth agency, its officials and 26 employees, may be brought in and only in a county in which the 27 principal or local office of the Commonwealth agency is located 28 or in which the cause of action arose or where the transaction 29 or occurrence took place out of which the cause of action arose. 30 If venue is obtained in the Twelfth Judicial District (Dauphin 19780H2437B3664 - 4 -
1 County) solely because the principal office of the Commonwealth 2 agency is located within it, any judge of the Court of Common 3 Pleas of the Twelfth Judicial District (Dauphin County) shall 4 have the power to remove the action to any appropriate county 5 where venue would otherwise lie. 6 (d) Process.--Service of process in the case of an action 7 against the Commonwealth shall be made at the principal or local 8 office of the Commonwealth agency that is being sued and at the 9 office of the Attorney General. The process of the court shall 10 extend beyond the territorial limits of the judicial district to 11 the extent prescribed by general rule. Except as otherwise 12 prescribed by general rule, in a proceeding to enforce an order 13 of a government agency the process of the court shall extend 14 throughout this Commonwealth. 15 § 5101. Remedy to exist for legal injury. 16 * * * 17 (b) No waiver of sovereign immunity.--The provisions of 18 subsection (a) shall not be construed as a waiver by the 19 Commonwealth of immunity to suit except for actions pursuant to 20 section 5110 (relating to limited waiver of sovereign immunity). 21 § 5110. Limited waiver of sovereign immunity. 22 (a) General rule.--The General Assembly, pursuant to section 23 11 of Article I of the Constitution of Pennsylvania, does hereby 24 waive, in the following instances only and only to the extent 25 set forth in this section and within the limits set forth in 26 section 5111 (relating to limited waiver of sovereign immunity <-- 27 LIMITATIONS ON DAMAGES), sovereign immunity as a bar to an <-- 28 action against Commonwealth agencies, and their officials and 29 employees acting within the scope of their duties, for damages 30 arising out of a negligent act or omission where the damages 19780H2437B3664 - 5 -
1 would be recoverable under the common law or a statute creating 2 a cause of action if caused by a person not having available the 3 defense of sovereign immunity. An action shall not be barred and 4 the defense of sovereign immunity shall not be raised to claims 5 for: 6 (1) Vehicle liability.--Damages caused by the operation 7 of any motor vehicle. As used in this paragraph "motor 8 vehicle" means any vehicle which is self-propelled and any 9 attachment thereto, including vehicles operated by rail, 10 through water or in the air. 11 (2) Medical-professional liability.--Damages caused by 12 Commonwealth health care employees of medical facilities or 13 institutions or by a doctor, dentist, nurse and related 14 health care personnel. 15 (3) Care, custody or control of personal property.-- 16 Damages caused by the care, custody or control of personal 17 property in the possession of Commonwealth agencies, 18 including Commonwealth-owned property and property of persons 19 held by the Commonwealth, except that the sovereign immunity 20 of the Commonwealth is retained as a bar to actions on claims 21 arising out of Commonwealth activities involving the use of 22 nuclear and other radioactive equipment, devices and 23 materials. 24 (4) Commonwealth real estate, highways and sidewalks.-- 25 Damages caused by a dangerous condition of Commonwealth real 26 estate and sidewalks, including Commonwealth-owned real 27 property, leaseholds in the possession of the Commonwealth 28 and Commonwealth real property leased to private persons, and 29 highways under the jurisdiction of Commonwealth agencies 30 except as limited in paragraph (5). 19780H2437B3664 - 6 -
1 (5) Potholes and other dangerous conditions.--Damages, 2 other than property damages, caused by a dangerous condition 3 of highways under the jurisdiction of Commonwealth agencies 4 highways created by potholes or sinkholes or other similar <-- 5 conditions created by natural elements, except that the 6 claimant to recover must establish that the dangerous 7 condition created a reasonably foreseeable risk of the kind 8 of damage which was incurred and that the Commonwealth agency 9 had actual written notice of the dangerous condition of the 10 highway a sufficient time prior to the event to have taken 11 measures to protect against the dangerous condition. 12 (6) Care, custody or control of animals.--Damages caused 13 by animals in the care, custody or control of Commonwealth 14 agencies, including but not limited to police dogs and horses 15 and animals incarcerated in Commonwealth laboratories, but 16 shall not include damages caused by wild animals including 17 but not limited to bears and deer except as otherwise 18 provided by statute. 19 (7) Dram shop liability.--Damages caused by the sale of <-- 20 alcoholic beverages by a Commonwealth employee. 21 (7) LIQUOR STORE SALES.--DAMAGES CAUSED BY THE SALE OF <-- 22 LIQUOR AT PENNSYLVANIA LIQUOR STORES BY EMPLOYEES OF THE 23 PENNSYLVANIA LIQUOR CONTROL BOARD CREATED BY AND OPERATING 24 UNDER THE ACT OF APRIL 12, 1951 (P.L.90, NO.21), KNOWN AS THE 25 "LIQUOR CODE," IF SUCH SALE IS MADE TO ANY MINOR, OR TO ANY 26 PERSON VISIBLY INTOXICATED, OR TO ANY INSANE PERSON, OR TO 27 ANY PERSON KNOWN AS AN HABITUAL DRUNKARD, OR OF KNOWN 28 INTEMPERATE HABIT. 29 (8) National Guard activities.--Damages caused by a 30 member of the Pennsylvania military forces. 19780H2437B3664 - 7 -
1 (b) Certain defenses retained.--The following existing 2 common law defenses are retained: 3 (1) An official of the Commonwealth agency or a member 4 of the General Assembly or the judiciary may assert on his 5 own behalf, or the Commonwealth may assert on his behalf, 6 defenses which have heretofore been available to such 7 officials. 8 (2) An employee of a Commonwealth agency, a member of 9 the General Assembly or the judiciary may assert on his own 10 behalf, or the Commonwealth may assert on his behalf, the 11 defense that the employee was acting pursuant to a duty 12 required by a statute or statutorily authorized regulation. 13 (3) An official or employee of a Commonwealth agency, a 14 member of the General Assembly or the judiciary, may assert 15 on his own behalf or the Commonwealth may assert on his 16 behalf, the defense that the act or omission was within the 17 discretion granted to the official or employee by statute or 18 statutorily authorized regulation. 19 (c) Legal assistance.--When an action is brought pursuant to 20 this section against an official or employee of a Commonwealth 21 agency or any other Commonwealth government employee, and it is 22 alleged that the act or omission occurred within the scope of 23 his employment, the Commonwealth through the Attorney General 24 shall defend the suit, unless the Attorney General determines 25 that the act or omission did not occur within the scope of 26 employment. In the latter case, if it is subsequently determined 27 that the act or omission occurred within the scope of 28 employment, the Commonwealth shall reimburse the official or 29 employee for the cost of his legal defense in such amounts as 30 shall be determined to be reasonable by the court. If a 19780H2437B3664 - 8 -
1 Commonwealth government employee is sued and it is alleged that 2 the act or omission occurred outside the scope of his 3 employment, and he successfully defends the suit on the basis 4 that the act or omission was within the scope of his employment, 5 and he has given prior notice to the Attorney General and the 6 Attorney General has refused to defend the action, he shall 7 likewise be entitled to the reasonable costs of the defense. 8 (d) Counterclaim and set-off by the Commonwealth.--In any 9 action initiated under this section, the Commonwealth may set 10 forth any cause of action or set-off which it has against the 11 plaintiff. A counterclaim need not diminish or defeat the relief 12 demanded by the plaintiff. It may demand relief exceeding in 13 amount or different in kind from that demanded by the plaintiff. 14 § 5111. Limitations on damages. 15 (a) Amount recoverable.--No verdict or verdicts against the 16 Commonwealth on actions brought pursuant to section 5110 17 (relating to limited waiver of sovereign immunity) arising from 18 the same cause of action or transaction or occurrence or series 19 of causes of action or transactions or occurrences shall exceed 20 $250,000 in favor of any plaintiff or $1,000,000 in the 21 aggregate. 22 (b) Types of damages recoverable.--Damages shall be 23 recoverable only for: 24 (1) Past and future loss of earnings and earning 25 capacity. 26 (2) Pain and suffering. 27 (3) Medical and dental expenses including the reasonable 28 value of reasonable and necessary medical and dental 29 services, prosthetic devices and necessary ambulance, 30 hospital, professional nursing, and physical therapy expenses 19780H2437B3664 - 9 -
1 accrued and anticipated in the diagnosis, care and recovery 2 of the claimant. 3 (4) Loss of consortium. 4 (5) Property losses, except property losses shall not be 5 recoverable in claims brought pursuant to section 5110(a)(5). 6 § 5522. Six months limitation. 7 (a) Notice prerequisite to action against government unit.-- 8 Within six months from the date that any injury was sustained or 9 any cause of action accrued, any person who is about to commence 10 any civil action or proceeding within this Commonwealth or 11 elsewhere against a government unit for damages on account of 12 any injury to his person or property shall file in the office of 13 the government unit, and if the action is against a Commonwealth 14 agency for damages then also file in the office of the Attorney 15 General, a statement in writing, signed by or in his behalf, 16 setting forth: 17 (1) The name of the person to whom the cause of action 18 has accrued. 19 (2) The name and residence of the person injured. 20 (3) The date and hour of the accident. 21 (4) The approximate location where the accident 22 occurred. 23 (5) The name and address of any attending physician. 24 If the statement provided for by this subsection is not filed, 25 any civil action or proceeding commenced against the government 26 unit more than six months after the date of injury shall be 27 dismissed and the person to whom any such cause of action 28 accrued for any personal injury shall be forever barred from 29 proceeding further thereon within this Commonwealth or 30 elsewhere. The court shall excuse compliance with this 19780H2437B3664 - 10 -
1 requirement upon a showing of reasonable excuse for failure to 2 file such statement. 3 * * * 4 Section 3. Powers and duties of Attorney General AND <-- 5 DEPARTMENT OF GENERAL SERVICES. 6 (a) Reports to General Assembly.--The Attorney General shall 7 report on April 1, 1980 and annually thereafter to the General 8 Assembly through the Speaker of the House of Representatives and 9 the President pro tempore of the Senate, the number and types of 10 claims instituted against the Commonwealth, their disposition or 11 status, including settlements agreed or verdicts entered, and 12 such other information as the Attorney General shall deem 13 appropriate. 14 (b) Rules and regulations.--The Attorney General shall 15 promulgate rules and regulations not inconsistent with this act 16 in order to implement the intent of the act. The subject of the 17 rules and regulations may include the procedures for settlement 18 of claims prior to or after the institution of suit, the 19 designation of local and principal offices for Commonwealth 20 agencies, the basis for undertaking and continuing legal defense 21 of claims, and the procedures for payment of claims and 22 satisfaction of judgments. The rules and regulations, and 23 amendments thereto, promulgated pursuant to this section shall 24 not take effect until the requirements of the "Commonwealth 25 Documents Law" have been complied with and 30 days have expired 26 after transmission of the rules and regulations to the General 27 Assembly through the Speaker of the House of Representatives and 28 the President pro tempore of the Senate. 29 (C) RISK MANAGEMENT PROGRAM.--THE DEPARTMENT OF GENERAL <-- 30 SERVICES SHALL UNDERTAKE A COMPREHENSIVE REVIEW OF RISK 19780H2437B3664 - 11 -
1 MANAGEMENT INCLUDING LOSS PREVENTION, THE AVAILABILITY OF 2 INSURANCE AND THE FEASIBILITY OF SELF-INSURANCE FOR THE AREAS OF 3 SPECIFIC WAIVER OF SOVEREIGN IMMUNITY ENUMERATED IN 42 PA.C.S. § 4 5110. THE DEPARTMENT SHALL REPORT, ON OR BEFORE FEBRUARY 1, 5 1979, TO THE GOVERNOR AND THE GENERAL ASSEMBLY THROUGH THE 6 PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE 7 OF REPRESENTATIVES, ITS FINDINGS AND RECOMMENDATIONS FOR THE 8 MOST EFFICIENT RISK MANAGEMENT AND LOSS PREVENTION PROGRAM, THE 9 MOST FEASIBLE INSURANCE OR SELF-INSURANCE COVERAGE, OR 10 COMBINATION OF BOTH. THE DEPARTMENT SHALL ASSIST THE ATTORNEY 11 GENERAL IN FORMULATING RULES AND REGULATIONS, STANDARDS OR 12 GUIDELINES, FOR ADJUSTING AND PROCESSING CLAIMS AND OTHERWISE 13 MANAGING THE PRE-LITIGATION PROCEDURES TO BE UTILIZED BY 14 COMMONWEALTH AGENCIES TO CARRY OUT THE PROVISIONS OF THIS ACT. 15 Section 4. Repeals. 16 (a) The provisions of the following acts, and all other acts 17 and parts of acts, are repealed insofar as they waive or purport 18 to waive sovereign immunity inconsistent with this act, but are 19 saved from repeal insofar as they provide defenses or immunities 20 from suit: 21 Section 11, act of March 19, 1951 (P.L.28, No.4), known as 22 the "State Council of Civil Defense Act of 1951." 23 Section 5.2, act of October 27, 1955 (P.L.744, No.222), known 24 as the "Pennsylvania Human Relations Act." 25 Section 603, act of October 20, 1966 (3rd Sp.Sess., P.L.96, 26 No.6), known as the "Mental Health and Mental Retardation Act of 27 1966." 28 Section 1001, act of October 15, 1975 (P.L.390, No.111), 29 known as the "Health Care Services Malpractice Act." 30 Section 11, act of November 26, 1975 (P.L.438, No.124), known 19780H2437B3664 - 12 -
1 as the "Child Protective Services Law." 2 Section 114, act of July 9, 1976 (P.L.817, No.143), known as 3 the "Mental Health Procedures Act." 4 (b) Except as provided in subsection (a), all other acts and 5 parts of acts are repealed insofar as they are inconsistent with 6 this act. 7 (c) Nothing in this section shall repeal the waiver of 8 sovereign immunity in: 9 Section 1207, act of April 9, 1929 (P.L.177, No.175), known 10 as "The Administrative Code of 1929." 11 Sections 405, 1003 and 1004, act of April 9, 1929 (P.L.343, 12 No.176), known as "The Fiscal Code." 13 Act of May 20, 1937 (P.L.728, No.193), referred to as the 14 Board of Arbitration of Claims Act. 15 Section 5. Effective date. <-- 16 This act shall take effect on July 1, 1979 and shall apply 17 only to causes of action occurring on or after that date. 18 SECTION 5. CONSTRUCTION AND APPLICATION. <-- 19 (A) THIS ACT IS INTENDED TO SPECIFICALLY RESPOND TO AND 20 PRESCRIBE LIMITATIONS ON THE DECISION OF MAYLE V. COMMONWEALTH, 21 DECIDED BY THE SUPREME COURT ON JULY 14, 1978. 22 (B) THE FOLLOWING PROVISIONS APPLYING THIS ACT TO ACTIONS 23 ACCRUED ON THE EFFECTIVE DATE OF THIS ACT, AND ITS INTENDED 24 RETROACTIVE EFFECT, ARE TO ASSURE THE DEVELOPMENT OF A 25 CONSISTENT BODY OF LAW, AN ORDERLY AND UNIFORM MANAGEMENT OF 26 LITIGATION AND TO PREVENT INEQUITIES WITHIN THE TERMS OF THIS 27 ACT THAT WOULD OTHERWISE BE CAUSED BY THE LACK OF IDENTICAL 28 RESTRICTIONS, LIMITATIONS, PROCEDURAL REQUIREMENTS AND THE 29 APPLICATION OF THE OTHER PROVISIONS OF THIS ACT. IT IS THE 30 INTENT OF THE GENERAL ASSEMBLY THAT THE EXPRESS LIMITED WAIVER 19780H2437B3664 - 13 -
1 FROM BAR OF SUIT, AND LIMITED WAIVER OF THE DEFENSE OF SOVEREIGN 2 IMMUNITY CONTAINED IN THIS ACT, SHALL BE UNIFORMLY APPLIED TO 3 ALL ACTIONS WHICH ARE NOT OTHERWISE BARRED, AND SHALL NOT DEPEND 4 UPON THE FORTUITOUSNESS OF THE DATE OF THE ACCRUING OF THE 5 ACTION, OR THE DILIGENCE WITH WHICH IT WAS PROSECUTED OR ITS 6 STATUS WITHIN THE JUDICIAL SYSTEM ON JULY 14, 1978. ACCORDINGLY, 7 THE LIMITATIONS ON THE AMOUNT RECOVERABLE, THE TYPES OF DAMAGES, 8 THE NOTICE REQUIREMENTS AND ALL OTHER LIMITATIONS SHALL APPLY TO 9 ALL ACTIONS, WHENEVER ACCRUED, IF THEY WOULD HAVE BEEN 10 APPLICABLE HAD THE ACTION ACCRUED ON OR AFTER THE EFFECTIVE DATE 11 OF THIS ACT. IN THE CASE OF CLAIMS NOT BARRED UNDER THIS ACT AND 12 FOR WHICH THERE WAS IN EFFECT AT THE TIME THE CLAIM ACCRUED, OR 13 SUCH LATER TIME AS MAY BE APPLICABLE, A POLICY OF INSURANCE OR A 14 SELF-INSURANCE PROGRAM AUTHORIZED BY SECTION 2404(B) OF THE ACT 15 OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE 16 CODE OF 1929," WHICH POLICY OR PROGRAM CONTAINED LIMITATIONS ON 17 THE AMOUNT OF DAMAGES WHICH ARE LESS THAN THOSE SET FORTH IN 18 THIS ACT, THE LESSER AMOUNT SHALL APPLY TO SUCH CLAIMS. IN 19 APPLYING THIS ACT: 20 (1) AN ACTION WHICH ACCRUED PRIOR TO THE EFFECTIVE DATE OF 21 THIS ACT BUT WHICH IS BARRED BY 42 PA.C.S. § 5110 AND IS NOT 22 WITHIN THE EXCEPTIONS CONTAINED THEREIN, SHALL CONTINUE TO BE 23 BARRED, AND SOVEREIGN IMMUNITY SHALL CONTINUE AS A DEFENSE, 24 UNLESS THE ACTION WOULD NOT HAVE BEEN BARRED, AND SOVEREIGN 25 IMMUNITY WOULD NOT HAVE BEEN A DEFENSE TO IT, BY THE APPLICABLE 26 STATUTORY AND DECISIONAL LAW AS IT EXISTED ON JULY 13, 1978; 27 SUCH AN ACTION, NOT OTHERWISE BARRED, SHALL BE BARRED IF SUIT IS 28 NOT INSTITUTED WITHIN THE APPROPRIATE STATUTE OF LIMITATION OR 29 WITHIN 60 DAYS AFTER THE EFFECTIVE DATE OF THIS ACT, WHICHEVER 30 FIRST OCCURS. 19780H2437B3664 - 14 -
1 (2) AN ACTION WHICH IS WITHIN THE EXCEPTIONS PROVIDED IN 42 2 PA.C.S. § 5110 SHALL NOT BE BARRED. 3 (C) ALL FURTHER TRIAL OR PRETRIAL PROCEDURES IN ACTIONS 4 WHICH ARE NOT BARRED UNDER SUBSECTION (B) SHALL BE SUSPENDED AND 5 NO SUCH PROCEEDINGS SHALL BE HAD ON SUCH CASES, EXCEPTING ONLY 6 THE INSTITUTION OF SUIT, AND THE FILING AND DECIDING OF PRETRIAL 7 MOTIONS IN WHICH THE APPLICABILITY OF THIS ACT IS AT ISSUE. THE 8 SUSPENSION OF FURTHER TRIAL OR PRETRIAL PROCEEDINGS SHALL 9 CONTINUE UNTIL JULY 1, 1979. IN THE CASE OF ACTIONS FILED PRIOR 10 TO THE EFFECTIVE DATE OF THIS ACT AND WHICH ARE NOT OTHERWISE 11 BARRED BY THIS ACT, THE PARTIES TO THE SUIT, OR ANY OF THEM, 12 SHALL HAVE 60 DAYS FROM THE EFFECTIVE DATE OF THIS ACT TO MOVE 13 TO TRANSFER THE CASE TO THE APPROPRIATE COURT OF COMMON PLEAS 14 HAVING JURISDICTION, AMEND PLEADINGS TO CONFORM TO THE 15 REQUIREMENTS OF THIS ACT, AND OTHERWISE COMPLY WITH THE 16 REQUIREMENTS CONTAINED IN THIS ACT. 17 (D) NOTHING CONTAINED IN THIS ACT SHALL BE CONSTRUED TO 18 REVIVE ANY ACTION IN WHICH THE APPLICABLE STATUTE OF LIMITATION 19 HAS RUN OR IN WHICH A COMPROMISE SETTLEMENT WAS REACHED AND A 20 RELEASE OBTAINED, OR IN WHICH FINAL ORDER DISMISSING THE ACTION 21 AGAINST THE COMMONWEALTH OR AN AGENCY OF THE COMMONWEALTH 22 GOVERNMENT HAS BEEN ENTERED, NO APPEAL HAS BEEN TAKEN, AND THE 23 TIME FOR APPEAL HAS EXPIRED. 24 (E) NOTHING CONTAINED IN THIS ACT SHALL BE CONSTRUED TO 25 WAIVE THE COMMONWEALTH'S IMMUNITY FROM SUIT IN FEDERAL COURTS 26 GUARANTEED BY THE ELEVENTH AMENDMENT TO THE UNITED STATES 27 CONSTITUTION. 28 SECTION 6. EFFECTIVE DATE. 29 THIS ACT SHALL TAKE EFFECT IMMEDIATELY. D17L54CM/19780H2437B3664 - 15 -