PENNSYLVANIA, June 29 - 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, IN 1980, THE GENERAL ASSEMBLY ENACTED ACT 142 OF

1980, WHICH PLACED SIMILAR LIMITATIONS ON TORT LIABILITY FOR

LOCAL GOVERNMENT ENTITIES BY LIMITING THE LIABILITY TO $500,000

PER EVENT OR OCCURRENCE AND LIMITING RECOVERY TO SPECIFIC TYPES

OF DAMAGES UNDER 42 PA.C.S. §§ 8542 AND 8553; 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

20210SR0146PN0956 - 2 -

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