"If, however, it is found that the plaintiff fell and was injured by a defect in the improved portion of the highway, then she may have pleaded a cause of action so as to avoid
governmental immunity. Hence, we would reaffirm the analysis adopted in Gregg vs.
But the trial court reduced the award to conform to the Utah
Governmental Immunity Act section that caps at $250,000 all personal injury damages against state officials.
Furthermore, where the student victims have based their claims on federal civil rights law, which effectively provides an end run around
governmental immunity (except in the few jurisdictions where the school district is considered a state entity for 11th Amendment purposes), the resulting precedents also represent a steep uphill slope, even when the victim is in a protected category, such as having a disability.8 Finally, where the bullying does not lead to serious injury, the claim of harassment offers only a limited possibility of liability and then only for the protected categories.9
The GTLA states in part: "Except as otherwise provided in this act, all governmental agencies shall be immune from tort liability in all cases wherein the government agency is engaged in the exercise or discharge of a governmental function." By the "[e]xcept as otherwise provided in this act" language, the GTLA proclaims to contain all exceptions to
governmental immunity. While the GTLA does contain several of those exceptions, others exist outside the act.
In Texas, school districts and their officials have conditional
governmental immunity.
Thus, whether based on grounds of
governmental immunity, which is attenuated or abrogated in many states; on grounds of public policy, which is relatively robust and uniform for educational malpractice; or on proof problems, which often arise in such cases, the odds are long against finding solace, much less a solution, by going to court in the tragic wake of student suicide.
The trial court denied a motion for summary disposition by the defendants in determining that
governmental immunity did not apply.
The county moved for summary judgment, arguing in vain it had
governmental immunity from the suit.
Because the legislature has determined that urban blight cannot be effectively combatted without some engagement by local governments, in this case the city was engaging in a governmental function and thus could invoke
governmental immunity.
The Plaintiffs appealed.<br />Scope of immunity<br />The critical inquiry is the extent to which the Town waived its
governmental immunity by virtue of purchasing liability insurance covering tortious acts.
It observes the possibility that there were multiple approaches to
governmental immunity that various jurisdictions across the United States employed at the common law.