In the case of
Galette v. New Jersey Transit, No. 4 EAP 2024 (Pa. March 12, 2025) (Op. by Brobson, J.), the Pennsylvania Supreme Court addressed a denial of a Motion to Dismiss filed by Defendant, New Jersey Transit, based upon a claim of interstate sovereign immunity.
According to the Opinion, the Plaintiff commenced a lawsuit against certain Defendants that included New Jersey Transit in the Court of Common Pleas of Philadelphia County.
The Plaintiff alleged that he was injured when a vehicle he was in was struck by a New Jersey Transit vehicle during an accident that occurred in Philadelphia.
After the lawsuit was filed, New Jersey Transit, as an instrumentality of the State of New Jersey, filed a Motion to Dismiss the suit and invoked interstate sovereign immunity.
The trial court denied the motion. On appeal to the Superior Court, the Superior Court affirmed the trial court’s decision after finding that New Jersey Transit was not instrumentality or arm of the State of New Jersey and, therefore, was not entitled to sovereign immunity protections.
The Pennsylvania Supreme Court reversed and found that New Jersey Transit was indeed an arm of the State of New Jersey and, therefore, an instrumentality of that state. The court noted the statutory classification of New Jersey Transit as an instrumentality of the State of New Jersey, the degree of control that the state exercised over New Jersey transit, and the Defendant’s core function of providing public transportation, which is a governmental function.
The case was remanded for further proceedings.
Anyone wishing to review a copy of this decision may click this
LINK.
I send thanks to Attorney Michael Cognetti and Kristin Mutzig for bringing this case to my attention.
