Not what you're
looking for? Try an advanced search.
Buy This Entire Record For
TRIBE v. BORO OF SAYRE
April 26, 1983;
Emma J. TRIBE, Plaintiff,
The BOROUGH OF SAYRE, the Sayre Police Department and Officer John Rhodes, Defendants
The opinion of the court was delivered by: TELESCA
Plaintiff, a New York State resident, was injured in an automobile accident on January 19, 1981. Plaintiff's car was allegedly struck by a vehicle that was being pursued at high rates of speed by a Sayre, Pennsylvania police car. The site of the collision was Barton, New York, a town situated very near the Pennsylvania/New York border. Plaintiff commenced the instant lawsuit on December 30, 1982 alleging that the negligence of the defendants was the proximate cause of her injuries. Jurisdiction of this Court is based upon diversity of citizenship. Defendants now move this Court, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, for an order dismissing this action on the grounds that (1) the Eleventh Amendment of the Constitution precludes suit against the Borough of Sayre in Federal District Court and (2) plaintiff's failure to comply with a Pennsylvania statute (42 Pa.C.S.A. Section 5522) requiring that a notice of claim be filed and served upon any governmental unit named as a defendant in any court proceeding mandates dismissal of the instant action.
Defendants' Eleventh Amendment argument is without merit. "The bar of the Eleventh Amendment to suit in federal court extends to States and state officials in appropriate circumstances, (citations omitted) but does not extend to counties and similar municipal corporations." Mt. Healthy City Board of Education v. Doyle, 429 U.S. 274, 97 S. Ct. 568, 50 L. Ed. 2d 471 (1976) (emphasis added). Accordingly, defendant's motion to dismiss the complaint on grounds of sovereign immunity is denied.
PENNSYLVANIA NOTICE STATUTE
42 Pa.C.S.A. Section 5522 provides, in pertinent part, as follows:
(1) Within six months from the date that any injury was sustained or any cause of action accrued, any person who is about to commence any civil action or proceeding within this Commonwealth, or elsewhere, against a governmental unit for damages on account of any injury to his person or property . . . shall file in the office of the government unit . . . a statement in writing, signed by or in his behalf, setting forth:
(i) The name and residence address of the person to whom the cause of action has accrued.
(ii) The name and residence address of the person injured.
(iii) The date and hour of the accident.
(iv) The approximate location where the accident occurred.
(v) The name and residence or office address of any ...
Buy This Entire Record For