Pennsylvania Sovereign Immunity Statute Essay Example for Free

Pennsylvania Sovereign Immunity Statute Essay Rooted in the history of common law in England was the immunity of the sovereign from the processes of the law (Christie and Meeks, 1990). However, this idea of some man or body of men above the law was said to be objectionable to the English concept of justice (Christie and Meeks, 1990). â€Å"The King can do no wrong† was often the explanation for the said immunity but denoted more the lack of adequate redress at law than absence of capacity to violate the law (Christie and Meeks, 1990). Thus, the agitation for the availability of tort remedy against the sovereign, or the state to any considerable degree led to the mature development of the law (Christie and Meeks 1990, page 1202). Because of the increase in the scope of governmental activities and the expanding activities of the Federal Government which touch upon the life of every citizen in such an intimate manner, pressures to either abolish the state’s immunity from suit or to have a waiver of the sovereign immunity in limited situations, increased (Christie and Meeks, 1990). The Pennsylvania Sovereign Immunity Statute has been one of those which hoped to address the increasing dissatisfaction with the concept of sovereign immunity from suit (Christie and Meeks, 1990). This paper hopes to explain the Pennsylvania Sovereign Immunity Statute and the exceptions provided for under the said statute. The paper would also present the particular Constitutional provision which provides support for the exception to the Sovereign Immunity. Finally, the paper hopes to present case laws, the venue, process and limitations, in order to explain further the exception to the said immunity statute. Pennsylvania Sovereign Immunity Statute Over three-fourths of the states in the United States of America have either totally abolished the doctrine of sovereign immunity or substantially modified it (Christie and Meeks, 1990). One such example is Pennsylvania which provides for exceptions to the doctrine of sovereign immunity. 42 Pa. C. S.  §Ã‚ § 8521-8528 provides for the Sovereign Immunity in general, the exceptions and the limitations on damages. 42 Pa. C. S.  § 8522 (b) provide for acts which may impose liability which include: Vehicle Liability or the operation of any motor vehicle in the possession or control of a Commonwealth party; Medical-professional liability or acts of health care employees of Commonwealth agency medical facilities or institutions or by a Commonwealth party who is a doctor, dentist, nurse or related health care personnel; Care, custody or control of personal property in the possession or control of Commonwealth parties, including Commonwealth-owned personal property and property of persons held by a Commonwealth agency; A dangerous condition of Commonwealth agency real estate and sidewalks, including Commonwealth-owned real property, leaseholds in the possession of a Commonwealth agency and Commonwealth-owned real property leased by a Commonwealth agency to private persons, and highways under the jurisdiction of a Commonwealth agency; Potholes and other dangerous conditions of highways under the jurisdiction of a Commonwealth agency created by potholes or sinkholes or other similar conditions created by natural elements; The care, custody or control of animals in the possession or control of a Commonwealth party, including but not limited to police dogs and horses and animals incarcerated in Commonwealth agency laboratories; the sale of liquor at Pennsylvania liquor stores by employees of the Pennsylvania Liquor Control Board created by and operating under the Liquor Code, if such sale is made to any minor, or to any person visibly intoxicated, or to any insane person, or to any person known as an habitual drunkard, or of known intemperate habit; National Guard activities or acts of a member of the Pennsylvania military forces; and finally, the administration, manufacture and use of a toxoid or vaccine not manufactured in the Commonwealth under conditions specified by the statute (42 Pa. C. S.  §Ã‚ § 8522 (b)). Under the Pennsylvania Constitution, all courts shall be open and every man for an injury done him in his lands, goods, person or reputation shall have remedy by due course of law, without sale, denial or delay, and suits may be brought against the Commonwealth in such manner, in such courts and in such cases as the Legislature may by law direct (Pa. Const. Art. I,  § 11). Hence, under this provision the general assembly waives sovereign immunity which is a bar to an action against commonwealth parties where damages would be recoverable under the common law or statute creating a cause of action if the injury were caused by a person to whom the defense of sovereign immunity is not available (Westlaw, n. d. ). Exceptions to the Sovereign Immunity The first exception to sovereign immunity is the vehicle liability or the operation of any motor vehicle liability in the possession or control of a Commonwealth party (42 Pa. C. S.  §Ã‚ § 8522 (b)). Motor vehicle means any vehicle which is self-propelled and any attachment thereto, including vehicles operated by rail, through water or in the air (42 Pa. C. S.  § 8522 (b)). In Harding v. City of Philadelphia, 777 A. 2d 1249 (Pa. Cmwlth. 2001), the Court held that bicycles are not motor vehicles (Governor’s Center for Local Government Services, 2003). In determining whether the vehicle is in operation, the Supreme Court held that the dispatcher’s directions do not constitute operation under the vehicle exception (Regester v. Longwood Ambulance Company, Inc. , 797 A. 2d 898 (Pa. Cmwlth. 2002)). In another case, the Court held that citys negligent maintenance and repair of fire departments rescue van was â€Å"operation of motor vehicle† within meaning of motor vehicle exception to governmental immunity (Mickle v.  City of Philadelphia 550 Pa. 539, 707 A. 2d 1124 (1998)). The Court further explains in the case of Vogel v. Langer, 569 A. 2d 1047 (Pa. Cmwlth. 1990), that â€Å"operation necessarily entails momentary stops due to traffic and communication with other drivers, or such acts which are an integral part of the operation itself (Vogel v. Langer, 569 A. 2d 1047 (Pa. Cmwlth. 1990)). The second exception provides for the medical-professional liability or acts of health care employees of Commonwealth agency medical facilities or institutions or by a Commonwealth party who is a doctor, dentist, nurse or related health care personnel (42 Pa. C. S.  §Ã‚ § 8522 (b)). In Williams v. Syed, No. 431 C. D. 2001, the Court held that Dr. Syed has no privilege to claim sovereign immunity as a defense because as Chief Medical Director of State Correctional Institute at Pittsburgh, he falls within the medical professional liability (Williams v. Syed, No. 431 C. D. 2001). In the case of Stack v. Wapner, 368 A. 2d 292 (Pa. Super. 1976), patients successfully sued physicians for their negligent failure to monitor the patients after administering certain drugs (Stack v. Wapner, 368 A. 2d 292 (Pa. Super. 1976)). The third provides for the personal property exception, which is under the possession or control of the Commonwealth. The Court held that personal property must directly cause plaintiff’s injury not just facilitate it (Dept. of Environmental Resources v. Myers, 581 A. 2d 696 Pa. Cmwlth. (1990)). In this case, a helicopter pilot brought an action for injuries incurred when, under contract with the Department of Environmental Resources (DER), his helicopter ran into power lines while spraying for gypsy moths (Dept. of Environmental Resources v. Myers, 581 A. 2d 696 Pa. Cmwlth. (1990)). The pilot alleged that DER negligently placed the balloons marking the boundaries of the area to be sprayed as well as negligently providing him with a typographical map that failed to show the power lines (Dept. of Environmental Resources v. Myers, 581 A. 2d 696 Pa.  Cmwlth. (1990)). Because of the negligent placement of the balloons and the incorrectly marked map, the pilot contended those items of the Commonwealths personal property directly caused his injuries (Dept. of Environmental Resources v. Myers, 581 A. 2d 696 Pa. Cmwlth. (1990)). Rejecting that argument, the Court held that the placement of the balloons did not cause the injury, but merely facilitated another kind of negligence which is professional incompetence (Dept. of Environmental Resources v. Myers, 581 A. 2d 696 Pa. Cmwlth. (1990)). The fourth provides for the real property exception which is under the care, custody or control of the agency. The Court in a case held that the scroll saw was realty, taking into account the nature of the saw, the status of it with respect to the realty, the manner of annexation, and the use for which the scroll saw was installed (Cureton ex. rel. Cannon v. Philadelphia School District, 798 A. 2d 279 Pa. Cmwlth. 2002). In Collins v. City of Philadelphia 227 Pa. 121, 75 A. 1028, Pa. 1910, the Court held that the hole, six inches square, near the middle of a narrow sidewalk and in the direct line of ordinary travel, was more or less dangerous to all persons passing, whether walking or on skates (Collins v. City of Philadelphia 227 Pa. 121, 75 A. 1028, Pa. 1910). Thus, the girl whose foot went into the opening which resulted in permanent injuries, is within the exception provided by the statute (Collins v. City of Philadelphia 227 Pa. 121, 75 A. 1028, Pa. 910). The fifth exception provides that a dangerous condition of highways under the jurisdiction of a Commonwealth agency created by potholes or sinkholes or other similar conditions created by natural elements, shall be an exception to the sovereign immunity but the claimant must establish that the dangerous condition created a reasonably foreseeable risk of the kind of injury and that the Commonwealth agency had actual written notice of the dangerous condition of the highway a sufficient time prior to the event to have taken measures to protect against the dangerous condition (42 Pa. C. S.  §Ã‚ § 8522 (b)). In Litchfield, 22 D. C. 4th 123 (C. P.  Clinton 1994) in that the Pennsylvania Department of Transportation has the responsibility to make a highway under its jurisdiction safe before it can transfer that jurisdiction, and that whether the highway was safe at the time of transfer is a factual issue for the jury (Litchfield, 22 D. C. 4th 123 (C. P. Clinton 1994)). The sixth exception provides for the care, custody or control of animals in the possession or control of animals in the possession or control of a Commonwealth party to which the Commonwealth may be held liable (condition (42 Pa. C. S.  §Ã‚ § 8522 (b)). In a case, the Court held that the City of Philadelphia was not in control of a stray dog that attacked the plaintiff under the exception because a stray dog was not within the possession and control of the City (Jenkins v. Kelly, 498 A. 2d 487 (Pa. Cmwlth. 1985). Furthermore, the Court also held in another case that the fact that a township had investigated prior attacks by a dog, owned by a private citizen, and had even temporarily quarantined the dog on one of the occasions, did not create â€Å"possession or control† of the dog, when, at its owner’s premises, the dog attacked her guests (Lerro ex rel. Lerro v. Upper Darby Tp. , 798 A. 2d 817 (Pa. Cmwlth. 2002). The seventh exception provides that liquor store sales at Pennsylvania liquor stores by employees of the Pennsylvania Liquor Control Board if such sale is made to any minor, or to any person visibly intoxicated or to any insane person, or to any person known to any person known as a habitual drunkard or of a known intemperate habit then, Commonwealth cannot use as a defense, sovereign immunity (42 Pa. C. S.  §Ã‚ § 8522 (b)). Acts of members of the military forces are also included in the exception from the sovereign immunity statute (42 Pa. C. S.  §Ã‚ § 8522 (b)). In a case, the Court held that the proposition that the Supreme Court held that the supremacy clause of the United States Constitution prevents a state from immunizing state acts from liability imposed under federal holding that because the Pennsylvania Sovereign Immunity Act does not immunize the unnamed defendants from a cause of action created under federal law, the action cannot be foreclosed merely because the conduct of the defendants does not fall within any of the exceptions to immunity (Heinly v. Commonwealth, 153 Pa. Cmwlth. 599, 621 A. 2d 1212, 1215, 1216 (1993)). Finally, the last exception provides that the liability may be imposed on the Commonwealth for a toxoid or vaccine not manufactured in Pennsylvania and Pennsylvania must take responsibility for it (42 Pa. C. S.  §Ã‚ § 8522 (b)). The statute provides for the following additional guidelines, that the toxoid or vaccine is manufactured in, and available only from, an agency of another state; the agency of the other state will not make the toxoid or vaccine available to private persons or corporations, but will only permit its sale to another state or state agency; the agency of the other state will make the toxoid or vaccine available to the Commonwealth only if the Commonwealth agrees to indemnify, defend and save harmless that agency from any and all claims and losses which may arise against it from the administration, manufacture or use of the toxoid or vaccine; a determination has been made by the appropriate Commonwealth agency, approved by the Governor and published in the Pennsylvania Bulletin, that the toxoid or vaccine is necessary to safeguard and protect the health of the citizens or animals of this Commonwealth; the toxoid or vaccine is distributed by a Commonwealth agency to qualified persons for ul timate use. Hence, the Court held that to apply this exception, there must be a strict interpretation based on the legislature’s intent (Jones v. Southeastern Pennsylvania Transportation Authority 565 Pa. 211, 772 A. 2d 435 (2001)). Venue, Process and Limitations As provided in 42 Pa. C. S.  § 8523, actions for claims against a Commonwealth party may be brought in and only in a county in which the principal or local office of the Commonwealth party is located or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose (42 Pa. C. S.  § 8523). The statute adds that if venue is obtained in the Twelfth Judicial District (Dauphin County) solely because the principal office of the Commonwealth party is located within it, any judge of the Court of Common Pleas of Dauphin County shall have the power to transfer the action to any appropriate county where venue would otherwise lie (42 Pa. C. S.  § 8523). The service of process in the case of an action against the Commonwealth shall be made at the principal or local office of the Commonwealth agency that is being sued and at the office of the Attorney General lie (42 Pa. C. S.  § 8523). Limitations on damages is also stated in 42 Pa. C. S.  § 8528 wherein damages arising from the same cause of action or transaction or occurrence or series of causes of action or transactions or occurrences shall not exceed $250,000, in favor of any plaintiff or $1,000,000 in the aggregate (42 Pa. C. S.  § 8528). Furthermore the types of damages recoverable are those damages recoverable only for: Past and future loss of earnings and earning capacity; Pain and suffering; Medical and dental expenses including the reasonable value of reasonable and necessary medical and dental services, prosthetic devices and necessary ambulance, hospital, professional nursing, and physical therapy expenses accrued and anticipated in the diagnosis, care and recovery of the claimant; Loss of consortium; Property losses, except that property losses shall not be recoverable in claims brought pursuant to section 8522(b)(5) which relates to potholes and other dangerous conditions (42 Pa. C. S.  § 8528). In all these, suits against an agency of Pennsylvania may prosper once the plaintiff provides that his claim is under one of the exceptions provided for under the statute. The sovereign immunity therefore under the Pennsylvania Sovereign Immunity Statute is not at all absolute and persons may file suits if their cla ims fall under one of the exceptions provided.

Cloud Computing Descends Essay -- Cloud Technology, United States, Job

An upgrade to cloud technology over the United States will potentially affect its workplace. It will lead to an increase in job creation all over the world, mostly due to its implementation at various institutions and companies globally and via many other services that will emerge to enhance or regulate this technology. In comparison to the initial machined technology, cloud computing offers instant delivery, simple & customizable usage, easy accessibility, cost reduction, thus increasing efficiency and demand and its wide range of acceptability. This technology, like any other, also has its disadvantages, though they are seemingly negligible in comparison. Cloud Technology is creating many jobs due to its implementation at most of the institutions such as the schools, companies, and even the government. This is to save expenses while increasing the overall efficiency and quality of their services. This will led to the formation of various additional services such as course instructions and certifications at educational institutions, and new companies to ensure the safety of cloud, thus creating more jobs. Even though its critics claim that this technology is decreasing the amount of jobs present in this field, but they fail to notice that the same amount of jobs are required to run the cloud technology and even more are created due to many of the cloud’s additional maintenance requirements. This is properly verified through many of the surveys including those of Microsoft which suggest that a large percentage of the hiring conducted by many tech companies are due to the Cloud Technology. The value of this market is also predicted to increase by six times its current value. As most people are aware of, there are various possibil... ...T Workforce."ZDNet.com. 2011. Opposing Viewpoints in Context. Web. 19 Feb. 2014. Stallman, Richard M. "Cloud Computing Threatens User Freedom and Should Be Avoided." Technology and the Cloud. Ed. David Haugen and Susan Musser. Detroit: Greenhaven Press, 2013. At Issue. Rpt. from "What Does that Server Really Serve?" Boston Review (18 Mar. 2010). Opposing Viewpoints in Context. Web. 19 Feb. 2014. "Year for business to look to the heavens - PREDICTIONS 2014 -." Australian [National, Australia] 25 Feb. 2014: 27. Opposing Viewpoints in Context. Web. 2 Mar. 2014. McClure, David. "Federal Policy Fosters Government Adoption of Secure Cloud Computing." Technology and the Cloud. Ed. David Haugen and Susan Musser. Detroit: Greenhaven Press, 2013. At Issue. Rpt. from "Cloud Computing: What Are the Security Implications." 2011. Opposing Viewpoints in Context. Web. 2 Mar. 2014. Cloud Computing Descends Essay -- Cloud Technology, United States, Job An upgrade to cloud technology over the United States will potentially affect its workplace. It will lead to an increase in job creation all over the world, mostly due to its implementation at various institutions and companies globally and via many other services that will emerge to enhance or regulate this technology. In comparison to the initial machined technology, cloud computing offers instant delivery, simple & customizable usage, easy accessibility, cost reduction, thus increasing efficiency and demand and its wide range of acceptability. This technology, like any other, also has its disadvantages, though they are seemingly negligible in comparison. Cloud Technology is creating many jobs due to its implementation at most of the institutions such as the schools, companies, and even the government. This is to save expenses while increasing the overall efficiency and quality of their services. This will led to the formation of various additional services such as course instructions and certifications at educational institutions, and new companies to ensure the safety of cloud, thus creating more jobs. Even though its critics claim that this technology is decreasing the amount of jobs present in this field, but they fail to notice that the same amount of jobs are required to run the cloud technology and even more are created due to many of the cloud’s additional maintenance requirements. This is properly verified through many of the surveys including those of Microsoft which suggest that a large percentage of the hiring conducted by many tech companies are due to the Cloud Technology. The value of this market is also predicted to increase by six times its current value. As most people are aware of, there are various possibil... ...T Workforce."ZDNet.com. 2011. Opposing Viewpoints in Context. Web. 19 Feb. 2014. Stallman, Richard M. "Cloud Computing Threatens User Freedom and Should Be Avoided." Technology and the Cloud. Ed. David Haugen and Susan Musser. Detroit: Greenhaven Press, 2013. At Issue. Rpt. from "What Does that Server Really Serve?" Boston Review (18 Mar. 2010). Opposing Viewpoints in Context. Web. 19 Feb. 2014. "Year for business to look to the heavens - PREDICTIONS 2014 -." Australian [National, Australia] 25 Feb. 2014: 27. Opposing Viewpoints in Context. Web. 2 Mar. 2014. McClure, David. "Federal Policy Fosters Government Adoption of Secure Cloud Computing." Technology and the Cloud. Ed. David Haugen and Susan Musser. Detroit: Greenhaven Press, 2013. At Issue. Rpt. from "Cloud Computing: What Are the Security Implications." 2011. Opposing Viewpoints in Context. Web. 2 Mar. 2014.

Nascar’s Racing Team Essay

How does Trader Joe’s design jobs for increased job satisfaction and higher performance? Trader Joe’s give its appreciation for its employees to increase job satisfaction and higher performance. They puts its money where its mouth is. The starting benefits at Trader Joe’s include medical, dental, and vision insurance, company paid retirement, paid vacation and a 10% employee discount. â€Å"Trader Joe’s compensate workers well. The core of this allegiance is a wage and benefits package that is typically far more competitive than that of most companies in the supermarket industry. Wages may attract high-quality employees, but wages are not necessarily the reason they remain loyal, as any human resources expert can attest. Employees stay because Trader Joe’s has created a culture of success: an environment in which everyone does the same job at one time or another and a place where people’s opinions are respected and talents are nurtured. â€Å"(Excerpted from Trader Joe’s Adventure, by Len Lewis) 1. How does Trader Joe’s design jobs for increased job satisfaction and higher performance? â€Å"Trader Joe’s has designed jobs to increase job satisfaction by showing appreciation in providing more benefits to their employees than other chain grocers. They provide starting benefits including medical, dental, and vision insurance, company-paid retirement, paid vacation, and a 10% employee discount, Pg. w-100. † Traders Joes also recruits people with certain personality traits that the company wants in their stores. They are able to enrich their employees with knowledge of their products that they are selling, as well as inducing customer involvements. As a result, they are able to have higher job performance because they are able to train and nurture their employees to have the same values and philosophy as the company, as well as granting supreme employee benefits. 2. In what ways does Trader Joe’s demonstrate the importance of each responsibility in the management process planning, organizing, leading, and controlling? There are several ways to demonstrate the importance of each responsibility. First, the buyers will travel all over the world to search the great foods and buying direct from the producer to lower the costs. Second, Trader Joe’s carry only 1500-2000 products so that the customer are easy to choose. Third, Trader Joe’s managers are hired only from within the company. The future leaders should be enroll in training programs such as Trader Joe’s university the foster in them the loyalty necessary to run stores. Fourth, when something happen, Trader Joe’s will quick to respond and post their action alerts on their web site. 2. In what ways does Trader Joe’s demonstrate the importance of each responsibility in the management process–planning, organizing, leading and controlling? For Trader Joe’s, they are able to demonstrate the importance of each responsibility in the management process by establishing a plan to serve quality products with natural ingredients, inspiring flavors, and buying direct from the producer whenever possible, pg. w-99. They also organize their stores to limit its stock, carrying about 1,500 to 2,000 products compared to retail mega-markets with 25,000 to 45,000 products. Through leading, Trader Joe’s support their future leaders by hiring managers only from within the company. Future leaders enroll in training programs called, Trader Joe’s University that foster in them the loyalty necessary to run stores according to both company and customer expectations, pg. w-100. Lastly, Trader Joe demonstrated the responsibility in controlling by placing standards to sell natural based ingredient products, as well as striving to offer the highest quality type foods. 3. Describe the methods that show Trader Joe’s knows the importance of human capital? Since Trader Joe’s makes such an effort to acquire qualified personnel they strive to retain their employees. Trader Joe’s is aware that retaining responsible, knowledgeable, and friendly employees will be significant to the customer service they provide. 4. Explain the value chain as it pertains to Trader Joe’s? In my opinion the value chain at Trader Joe’s begins with its employees and the methods utilized by Trader Joe’s to make them good at providing excellent customer service. â€Å"Employees are encourage to taste and learn about the product† this results in employees who are able to share their experience and expertise of the products they are selling to the consumer. Creating a helpful and customer service environment, which consumers appreciate. 5. 1. It has an extremely loyal following; it’s almost gone beyond being cult,† said Tod Marks, senior project editor for Consumer Reports. â€Å"Trader Joe’s is not conventional by any means, in terms of product mix. † With shelves stocked with unusual store brand items, like cookie butter, Thai lime and chili cashews and wasabi roasted seaweed snacks, Sue Forsyth, a 64-year-old from Brighton, said shopping at Trader Joe’s is â€Å"like an adventure. The food options are really unique,† said Brielle Berman, a 22-year-old Rochester resident. â€Å"I just picked up a bag of coconut chips. Where else are you going to find coconut chips? † Additionally, Marks, who conducted a survey last year of the leading 52 supermarket chains in the country, said Trader Joe’s is affordable and provides top-notch service. â€Å"They are very efficient operators and one of the best stores that offer the best prices,† he said. â€Å"They do a good job. Not many supermarkets are better. † 2. The magic is that Trader Joe’s focuses on Quality rather than Quantity. By carrying fewer items TJ tries to make sure that each of the product they do carry on their shelves is a Quality product and meets up to it’s standards. Also buy having fewer items it’s able to negotiate better prices from the suppliers and thus passes it on to the customer. On average I find TJ to be much cheaper than Whole Foods but the quality is the Benchmark for all to follow. One the things I love at the TJ is the bakery section, they have fresh bread baked in everyday from a local baker. This means the money goes back to the community, lesser transport costs, freshest bread for the customer and decent prices. Not to mention the bread is free from High fructose corn syrup!! 3. To remain competitive in the future, organizations will need to abandon their ideas of information hoarding and embrace knowledge sharing. Competitive success will be based less on how strategically physical and financial resources are allocated, and more on how strategically intellectual capital is managed — from capturing, coding and disseminating information, to acquiring new competencies through training and development, and to re-engineering business processes. The move from an industrially-based economy to a knowledge or information-based one demands a top-notch knowledge management system to secure a competitive edge and a capacity for learning. An organization’s ability to quickly tap into wisdom gives it a competitive edge in the marketplace. As a result, knowledge is displacing capital, natural resources, and labor as the basic economic resource.

Childhood And The Stages Of Adolescence Essay - 1594 Words

Have you ever eaten something you hated and as a result you were disgusted just by the smell of it, or felt a particular way about the food? Did it change the way you felt about the food after tasting it for the first time? Well, in the first few years of life new experiences greatly affect how one’s perspectives are shaped. Childhood and the stages of adolescence are significant because they are the time of one s life that plays a major role in who the individual will become in society. It largely shapes every wrong and right decision one will make throughout their lifetime. This is the time of one s life where everything they have experienced will be turned into valuable lessons. Love, or lack thereof, is one experience during these two stages of life that has the biggest impact on a person. 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