Opinion
December 6, 1972.
April 4, 1973.
Torts — Immunity from liability — Sovereign — Municipal subdivision performing governmental function — School district — Negligence causing fire.
Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.
Appeals, Nos. 266 and 1486, Oct. T., 1972, 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. Orders affirmed.
Trespass and assumpsit.
Orders entered sustaining preliminary objections by defendants in nature of a demurrer, opinion by WIEAND, J. Plaintiff appealed.
Mark H. Scoblionko, with him Scoblionko Scoblionko, for appellant. Wallace H. Webster, Jr., with him Perkin, Webster Christie, for appellee.
HOFFMAN, J., filed a concurring opinion, in which SPAULDING and CERCONE, JJ., joined.
Argued December 6, 1972.
Orders affirmed.
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. Super. 350, 286 A.2d 673 (1971) (dissenting opinion); Ayala et al. v. Board of Education, 223 Pa. Super. 171, 297 A.2d 495 (1972) (concurring opinion); Hill et ux v. North Hills School District, 223 Pa. Super. 254, 299 A.2d 350 (1972) (concurring opinion).
For the above stated reasons, I concur in the result of the majority.
SPAULDING and CERCONE, JJ., join in this concurring opinion.