that recovery be limited to specific types of damages; and
WHEREAS, The Task Force on Sovereign Immunity found both
constitutional authority and strong public policy in favor of
the proposed limitations on liability; and
WHEREAS, Among other things, the Task Force on Sovereign
Immunity stated that "in the case of a suit against an
individual or a corporation, recovery in most instances is
effectively limited by the insurance coverage of the defendant;
where the ultimate recovery exceeds insurance coverage, a
further practical limitation exists to the extent of any
defendant's resources. In the case of a sovereign with public
taxing powers, the absence of a statutory limitation on recovery
would make the liability exposure in each individual case
theoretically unlimited"; and
WHEREAS, On April 19, 1978, the Task Force on Sovereign
Immunity's recommendations were introduced in the House of
Representatives as House Bill No. 2437, Printer's No. 3135; and
WHEREAS, In 1978, the General Assembly enacted Act 330 of
1978 waiving the Commonwealth's sovereign immunity in certain
limited circumstances and limiting its liability under 42
Pa.C.S. §§ 8522 and 8528; and
WHEREAS, These limits have not been altered since 1978 and in
a series of cases, including Zauflik v. Pennsbury Sch. Dist.,
104 A.3d 1096, 1100 (2014) and Grove v. Port Auth. of Allegheny
County, 218 A.3d 877 (Pa. 2019), the Pennsylvania Supreme Court
questioned whether the current statutory limitations on
liability infringe on the constitutional right to a jury trial
guaranteed by section 6 of Article I of the Constitution of
Pennsylvania; and
WHEREAS, The Pennsylvania Supreme Court has also affirmed the
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