SOVEREIGN IMMUNITY-NEW JERSEY TRANSIT

Galette v. NJ Transit, 2023 Pa. Super. LEXIS 111 (March 21, 2023) (Bowes, J.) New Jersey Transit Corporation (“NJ Transit”) appeals the September 27, 2021 denial of its motion to dismiss the negligence claims of Cedric Galette pursuant to the doctrine of sovereign immunity. We affirm. This controversy stems from an August 9, 2018 incident wherein a collision occurred between a bus owned and operated by NJ Transit and the personal vehicle of Julie McCrey in Philadelphia, Pennsylvania. Mr. Galette was a passenger in Ms. McCrey’s vehicle and suffered various physical injuries as a result of the collision. He timely commenced this civil action by filing a praecipe for a writ of summons on August 7, 2020, and, ultimately, served both Ms. McCrey and NJ Transit. Thereafter, Mr. Galette filed a complaint containing claims sounding in negligence against both Ms. McCrey and NJ Transit. NJ Transit filed an answer with a new matter alleging, inter alia, that it was an “arm” of the State of New Jersey and that Mr. Galette’s claims against it were barred by the doctrine of sovereign immunity. On September 27, 2021, the trial court denied NJ Transit’s motion to dismiss. We discern no risk to the sovereign dignity of New Jersey in permitting a suit against NJ Transit to proceed. For the purposes of such legal disputes, it seems beyond cavil that NJ Transit operates as a “wholly independent entity” that cannot bind the State of New Jersey or otherwise place it in a position where it will be “subject to and controlled by the mandates of judicial tribunals,” without its consent, “at the instance of private parties.” Goldman v. SoutheasternPennsylvania Transp. Authority, 57 A.3d 1183 (Pa. 2012). Thus, the paramount consideration of the Eleventh Amendment does not support a finding that NJ Transit is a state instrumentality for the purposes of sovereign immunity. See id. at 1183-84.