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HARRISBURG STATE HOSP. v. SHERK

128 Pa.Commw. 150 (1989)

562 A.2d 1025

HARRISBURG STATE HOSPITAL, Appellant, v. Thomas SHERK and Susan Sherk, his wife, Lina Wiegel, as Administrator of the Estate of Mark A. Jordan, Appellees.

Commonwealth Court of Pennsylvania.

Decided August 17, 1989.

Attorney(s) appearing for the Case

Stephen E. Geduldig, Deputy Atty. Gen., Office of Atty. Gen., Torts Litigation Unit, Harrisburg, for appellant.

Gary M. Lightman, Peter J. Hart, Harrisburg, for appellees.

Before DOYLE and PALLADINO, JJ., and NARICK, Senior Judge.

PALLADINO, Judge.

Harrisburg State Hospital (Appellant) appeals an order of the Court of Common Pleas of Dauphin County (trial court) which overruled Appellant's preliminary objection in the nature of a demurrer raising the defense of sovereign immunity.1 For the reasons stated below, we reverse.

The facts are undisputed in this case. On June 14, 1986, police officer Thomas...

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