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From page 12... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 13 II. PART A: STATES ALABAMA Summary: The State of Alabama has partially abrogated sovereign immunity for airports, which are treated similarly to other governmental entities. Read the entire page →
From page 13... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 14 o Monetary Limits and Caps: ALA. Read the entire page →
From page 14... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 15 • ALASKA STAT. Read the entire page →
From page 15... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 16 • "Where there is no immunity, the state is to be treated like a private litigant." Id. Read the entire page →
From page 16... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 17 merely operational in nature, thereby implementing policy decisions, will not be considered discretionary and therefore will not be shielded from liability." Japan Air Lines Co., 628 P.2d at 936 (citation omitted) Read the entire page →
From page 17... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 18 ARIZONA Summary: The State of Arizona has not abrogated sovereign immunity for airports, which are treated similarly to other governmental entities. Airports are immune from liability for discretionary functions. Read the entire page →
From page 18... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 19 ARIZ. Read the entire page →
From page 19... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 20 o The Arkansas State Claims Commission has jurisdiction for indemnification claims based on § 21-9-203. Read the entire page →
From page 20... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 21 • "[S] overeign immunity presents a complete bar to suits against the State." Id. Read the entire page →
From page 21... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 22 least. If the subdivision chooses to purchase other insurance, then the coverage in the policy determines the scope of liability. Read the entire page →
From page 22... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 23 o Statutory Authority: CAL. Read the entire page →
From page 23... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 24 CAL. Read the entire page →
From page 24... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 25 • COLO. Read the entire page →
From page 25... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 26 o Monetary Limits and Caps: COLO. Read the entire page →
From page 26... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 27 o Relevant Case Law: Fidelity Bank v Connecticut, 348 A.2d 633 (Conn. Read the entire page →
From page 27... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 28 liability for the construction, maintenance, operation, or management of any airport. Even if subject to liability, there is a cap of $300,000 from a single occurrence. Read the entire page →
From page 28... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 29 operation, or management of any airport. o Waiver of Immunity: DEL. Read the entire page →
From page 29... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 30 FLA. Read the entire page →
From page 30... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 31 attempt to implement policy at the operational level do not fall within this discretionary act exception." Id. Read the entire page →
From page 31... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 32 • "State agencies or subdivisions within the scope of section 768.28, Florida Statutes, are defined to include ‘independent establishments of the state; …and corporations primarily acting as instrumentalities or agencies of the state, counties, or municipalities….'" • "Thus, in light of the creation of the Sebring Airport Authority as a public instrumentality and the legislative determination that it exercises an essential governmental function and in consideration of the powers and duties of the authority, it is my opinion that the Sebring Airport Authority is a state agency or subdivision within the scope of section 768.28(2) , Florida Statutes (1996) Read the entire page →
From page 32... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 33 municipality becomes liable for the negligence of its public employees. Equally, the government entity is liable only if and to the extent a private person would be under the circumstances; the immunity waiver does not create any new causes of action. Read the entire page →
From page 33... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 34 GA. Read the entire page →
From page 34... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 35 o Monetary Limits and Caps: GA. Read the entire page →
From page 35... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 36 • HAW. Read the entire page →
From page 36... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 37 o Waiver of Immunity: Hawaii follows a vicarious liability style waiver of immunity for the State. This means the State or an agency becomes liable for the torts of its employees. Read the entire page →
From page 37... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 38 o Relevant Case Law: Tomich v. City of Pocatello, 901 P.2d 501 (Idaho 1995) Read the entire page →
From page 38... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 39 ILLINOIS Summary: The State of Illinois has partially abrogated sovereign immunity for airports, which are treated similarly to other governmental entities. Tort claims heard by the Court of Claims are limited to $100,000 if they did not involve operation of a state vehicle. Read the entire page →
From page 39... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 40 determination of policy and the exercise of discretion." Id. at 435 (citation omitted) Read the entire page →
From page 40... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 41 • (10) Read the entire page →
From page 41... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 42 brought within 10 years of accrual of the claim. Otherwise, general statutes of limitations apply. Read the entire page →
From page 42... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 43 o Relevant Case Law: Walker v. Read the entire page →
From page 43... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 44 $500,000. If the airport purchases insurance, the cap can rise to the level of that insurance. Read the entire page →
From page 44... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 45 ‘proprietary' or ‘permissive' functions." Id. at 270 (citations omitted) Read the entire page →
From page 45... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 46 or employees while acting in the scope of their employment by the Commonwealth or any of its cabinets, departments, bureaus or agencies in all other situations except where sovereign immunity is specifically and expressly waived as set forth by statute." Note: This statute was held unconstitutional in Yanero v. Davis, 65 S.W.3d 510, 525 (Ky. Read the entire page →
From page 46... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 47 Const. § 231, is a partial waiver of the Commonwealth's sovereign immunity, and the cause of action created under the Act is vested in the Board of Claims which is not a court; therefore, as the cause is the product of legislative grace and limited by legislative conditions, Ky. Read the entire page →
From page 47... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 48 are treated similarly to other governmental entities. When performing discretionary functions, such as making policy decisions, airports are granted immunity. Read the entire page →
From page 48... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 49 • Thus, again, if a political subdivision owns and operates an airport, it could be open to liability per the constitutional waiver of immunity for political subdivisions. Part IV -- Airport Districts • LA. Read the entire page →
From page 49... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 50 between exercising discretion and abdicating responsibility." Id. Read the entire page →
From page 50... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 51 hazards. o Process: LA. Read the entire page →
From page 51... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 52 statute of limitations and a written notice requirement of 180 days from date of occurrence. o Statutory Authority: ME. Read the entire page →
From page 52... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 53 ME. Read the entire page →
From page 53... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 54 the ‘use of any…[a] ircraft,' 14 M.R.S. Read the entire page →
From page 54... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 55 • Copies of each notice of appeal filed in an action arising under the Maine Tort Claims Act shall be served on the Attorney General at the same time such notice is served upon the other parties to the action. Read the entire page →
From page 55... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 56 MARYLAND Summary: The State of Maryland has partially abrogated sovereign immunity for airports, which are treated similarly to other governmental entities under the Maryland Tort Claims Act. Public officials are immune from liability for discretionary functions. Read the entire page →
From page 56... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 57 Any tortious act or omission of State personnel that is not within the scope of the public duties of the State personnel. • The scope of public duties of State personnel includes: (1) Read the entire page →
From page 57... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 58 o A person may not execute against an employee on a judgment rendered for tortious acts or omissions within the scope of employment with a local government unless the employee acted with actual malice. o Rights and immunities of employee are contingent upon cooperation in defense of the action. Read the entire page →
From page 58... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 59 • Political subdivisions may operate any airport, airport facility, or air navigation facility, and use any suitable property owned or controlled by the political subdivision. • An airport or facility may be established by a county only within its boundaries or the boundaries of any other county with which it is acting jointly, and by Baltimore City or a municipal corporation, either within or without its boundaries. Read the entire page →
From page 59... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 60 without malice. o Monetary Limits and Caps: MD. Read the entire page →
From page 60... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 61 MD. CODE ANN., STATE GOV'T § 12-108 (LexisNexis 2014) Read the entire page →
From page 61... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 62 MASSACHUSETTS Summary: The Commonwealth of Massachusetts has partially abrogated sovereign immunity for airports, which are treated similarly to other governmental entities. However, the Massachusetts Port Authority, which owns and operates Boston Logan International Airport, Hanscom Field, and Worcester Regional Airport, is not entitled to sovereign immunity. Read the entire page →
From page 62... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 63 the failure prejudiced the defense of the action. o Final judgment in an action brought against a public employer shall constitute a complete bar to any action by a party to such judgment against such public employer or public employee. Read the entire page →
From page 63... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 64 • Any claim based upon explicit and specific assurance of safety or assistance, beyond general representations that investigation or assistance has been or will be taken, made to the direct victim or a member of his family or household by a public employee, provided that the injury resulted in part from reliance on those assurances; and • Any claim based upon the intervention of a public employee that causes injury to the victim or places the victim in a worse position than he was in before the intervention; and • Any claim based on negligent maintenance of public property. Read the entire page →
From page 64... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 65 • MASS. Read the entire page →
From page 65... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 66 the act was in furtherance of the employer's work" under the MTCA. Read the entire page →
From page 66... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 67 MASS. Read the entire page →
From page 67... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 68 • MICH. Read the entire page →
From page 68... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 69 condition for a reasonable time after acquiring knowledge. • Knowledge and time to repair condition is conclusively presumed when defect was readily apparent to ordinarily observant person for a period of 90 or more days before injury. Read the entire page →
From page 69... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 70 o A governmental agency may purchase liability insurance to indemnify and protect it against loss or to protect it and its agents, officers, employees, or volunteers against an adverse judgment arising from a claim for personal injury or property damage they caused. o The existence of an insurance policy indemnifying a governmental agency against liability for damages is not a waiver of a defense otherwise available. Read the entire page →
From page 70... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 71 supported by taxes or fees." Id. at 455 (citing Hyde v. Read the entire page →
From page 71... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 72 • The notice shall specify the exact location and nature of the defect, the injury sustained, and names of any known witnesses. • The notice may be served upon any individual, either personally or by certified mail, return receipt requested, who may lawfully be served with civil process directed against the governmental agency. Read the entire page →
From page 72... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 73 MINN. Read the entire page →
From page 73... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 74 • MINN. Read the entire page →
From page 74... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 75 right-of-way of a road or highway, except that a municipality is liable for conduct that would entitle a trespasser to damages against a private person. Read the entire page →
From page 75... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 76 • " ‘The question is not whether the [government's] conduct resulted in a condition posing an unreasonable risk of harm; it is whether the conduct consisted of planning or policymaking decisions (protected) Read the entire page →
From page 76... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 77 • The total liability of the State and its employees acting within the scope of their employment on any tort claim shall not exceed: o $500,000 for claims arising after July 1, 2009. o $1,500,000 for any number of claims arising out of a single occurrence after July 1, 2009. Read the entire page →
From page 77... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 78 o Failure to state the amount of compensation or other relief demanded does not invalidate the notice, but the claimant shall furnish full information available regarding the nature and extent of the injuries and damages within 15 days after demand by the State. • The time for giving notice does not include the time during which the person injured is incapacitated by the injury from giving the notice. Read the entire page →
From page 78... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 79 governmental entity is subject to liability for any excess insurance carried. Punitive damages are not available. Read the entire page →
From page 79... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 80 Course and Scope of Employee's Duties; Provision of Defense for and Payment of Judgments or Settlements of Claims against Employees; Contribution or Indemnification by Employee. • The remedy provided under the Mississippi Tort Claims Act against a governmental entity or its employee is the exclusive remedy for the claims provided under the Act. Read the entire page →
From page 80... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 81 The governmental entity shall not be liable for failure to warn of a dangerous condition which is obvious to one exercising due care. Read the entire page →
From page 81... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 82 • "[A] joint airport board which exercises powers which are declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity, as does the Airport Authority in this case, is a ‘political subdivision' under § 11-46-1(i) Read the entire page →
From page 82... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 83 690 (citation omitted) Read the entire page →
From page 83... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 84 • After all procedures have been exhausted, the person may file suit. • At least 90 days before filing suit, the person must deliver, in person or by registered or certified United States mail, a written notice of claim with the chief executive officer of the governmental entity. Read the entire page →
From page 84... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 85 o (4) That either (a) Read the entire page →
From page 85... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 86 o Relevant Case Law: Mo. Read the entire page →
From page 86... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 87 • The limitations for all claims arising out of a single accident or occurrence for 2013 and 2014 are $2,657,587 and $2,687,594, respectively. • The limitations for non-workers compensation claims for any one person in a single accident or occurrence for 2013 and 2014 are $398,638 and $403,139, respectively. Read the entire page →
From page 87... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 88 • "Political subdivision" means any county, city, municipal corporation, school district, special improvement or taxing district, or other political subdivision or public corporation. • "State" means the State of Montana or any office, department, agency, authority, commission, board, institution, hospital, college, university, or other instrumentality of the State. Read the entire page →
From page 88... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 89 • If the claimant recovers against the governmental entity arising out of a waiver of sovereign immunity, the claimant is completely barred to any action or recovery of damages for the same subject matter against the employee. Read the entire page →
From page 89... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 90 o Relevant Case Law: Orr v. Read the entire page →
From page 90... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 91 MONT. Read the entire page →
From page 91... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 92 NEB. Read the entire page →
From page 92... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 93 NEB. Read the entire page →
From page 93... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 94 authorized to engage in the airport business in a proprietary capacity and therefore was not protected by the rule of sovereign immunity from tort liability. o Monetary Limits and Caps: NEV. Read the entire page →
From page 94... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 95 N.H. Read the entire page →
From page 95... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 96 N.H. Read the entire page →
From page 96... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 97 • N Read the entire page →
From page 97... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 98 N.J. Read the entire page →
From page 98... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 99 Morningstar Water Users Assoc. Read the entire page →
From page 99... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 100 o Process: N.M. Read the entire page →
From page 100... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 101 defense of government immunity based on government functions. Read the entire page →
From page 101... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 102 and filing requirements that may differ between the two laws. o Waiver of Immunity: New York and the Port Authority consent to suits in the same manner as corporations would be sued. Read the entire page →
From page 102... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 103 property, easements and privileges acquired and used by such municipalities in the manner and for the purposes enumerated in this Article, shall and are hereby declared to be acquired and used for public, governmental and municipal purposes and as a matter of public necessity." N.C. Read the entire page →
From page 103... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 104 negligence of officers or agents, subject to their control, although they may be engaged in some work that will inure to the general benefit of the municipality…‘On the other hand, where a city or town in exercising the judicial, discretionary or legislative authority…, imposed solely for the benefit of the public, it incurs no liability for the negligence of its officers…unless some statute (expressly or by necessary implication) subjects the corporation to pecuniary responsibility for such negligence.'" Id. Read the entire page →
From page 104... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 105 NORTH DAKOTA Summary: The State of North Dakota has partially abrogated sovereign immunity for airports to the extent of any liability insurance maintained. Airports are immune from liability for discretionary functions. Read the entire page →
From page 105... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 106 employee would be personally liable to a claimant in accordance with state law, or Caused from some condition or use of tangible property, real or personal, under circumstances in which the subdivision, if a private person, would be liable to the claimant. o The liability of a subdivision under this chapter is limited to a total of $250,000 per person and $500,000 for injury to three or more persons during any single occurrence. Read the entire page →
From page 106... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 107 division, industry, institution, instrumentality, and office of the State. Read the entire page →
From page 107... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 108 • N.D. Read the entire page →
From page 108... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 109 o Monetary Limits and Caps: N.D. Read the entire page →
From page 109... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 110 • OHIO REV. Read the entire page →
From page 110... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 111 • "Governmental function" includes any of the following: o A function that is imposed upon the State as an obligation of sovereignty and that is performed by a political subdivision voluntarily or pursuant to legislative requirement; o A function that is for the common good of all citizens of the State; o A function that promotes or preserves the public peace, health, safety, or welfare; that involves activities that are not engaged in or not customarily engaged in by nongovernmental persons; and that is not a proprietary function; o Provision/non-provision of police, fire, emergency medical, ambulance, and rescue services or protection; o Power to preserve the peace; to prevent and suppress riots, disturbances, and disorderly assemblages; to prevent, mitigate, and clean up releases of oil and hazardous and extremely hazardous substances; and to protect persons and property; o Regulation/maintenance/repair of roads, highways, sidewalks, bridges, and public grounds; o Construction/repair/maintenance/operation of buildings used in connection with the performance of a governmental function; o Regulation of traffic and erection/non-erection of traffic signs, signals, or control devices; o Provision/non-provision of inspection services of all types; or o A function that the general assembly mandates a political subdivision to perform. • "Proprietary function" is a function that promotes or preserves the public peace, health, safety, or welfare and that involves activities that are customarily engaged in by non-governmental persons. Read the entire page →
From page 111... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 112 responding to an emergency call/engaged in their duty, and the operation of the vehicle did not constitute willful or wanton misconduct; o Negligent performance of acts by their employees with respect to proprietary functions of the political subdivisions; o Negligent failure to keep public roads in repair and other negligent failure to remove obstructions from public roads; or o Civil liability is expressly imposed upon the political subdivision by a section of the Revised Code. • An order denying a political subdivision or their employee the benefit of an alleged immunity is a final order. Read the entire page →
From page 112... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 113 exemplary damages, that is obtained against the employee in a state or federal court or as a result of a law of a foreign jurisdiction and that is for damages for injury, death, or loss to person or property caused by an act or omission in connection with a governmental or proprietary function, if at the time of the act or omission the employee was acting in good faith and within the scope of employment or official responsibilities. • The political subdivision may motion the court to conduct a hearing regarding the political subdivision's duty to defend an employee in a civil action. Read the entire page →
From page 113... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 114 • The regional airport authority may sue or be sued in its corporate name. Read the entire page →
From page 114... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 115 • Any benefits a claimant receives or is entitled to receive from an insurance policy or other source shall be disclosed to the court and deducted from any award against a political subdivision recovered by that claimant. • No limitation on compensatory damages that represent the actual loss of the person who is awarded the damages. Read the entire page →
From page 115... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 116 officer or employee may participate in the immunity determination proceeding before the court of claims. Read the entire page →
From page 116... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 117 • Subject to any applicable tolling provisions, an action against a political subdivision to recover damages for injury, death, or loss to person or property allegedly caused by an act or omission in connection with a governmental or proprietary function…shall be brought within 2 years after the cause of action accrues, or within any applicable shorter period of time for bringing the action provided by the Revised Code. The complainant shall include in his complaint a demand for a judgment for the damages that the judge or jury finds that the complainant is entitled to be awarded, but shall not specify in that demand any monetary amount for damages sought. Read the entire page →
From page 117... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 118 o Monetary Limits and Caps: OKLA. Read the entire page →
From page 118... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 119 Penland v. Redwood Sanitary Sewer Serv. Read the entire page →
From page 119... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 120 OR. Read the entire page →
From page 120... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 121 74 PA. Read the entire page →
From page 121... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 122 o (3) The defense that the act was within the discretion granted to the employee by statute. Read the entire page →
From page 122... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 123 o "Municipal authority" means the body or board authorized by law to enact ordinances or adopt resolutions for the particular municipality. Read the entire page →
From page 123... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 124 • Under the Tort Claims Act, a local agency is defined as a "government unit other than the Commonwealth government." A "government unit" under the Judicial Code is defined as "any government agency." Id. Read the entire page →
From page 124... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 125 business; which party supplied the tools; whether payment is by the time or by the job; whether work is part of the regular business of the employer; and also the right to terminate the employment at any time." Id. at 482–83 (quoting Stepp v. Read the entire page →
From page 125... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 126 • Any action brought against a local agency's employee for personal or property injury damages in which it is judicially determined (1) the employee's act caused the injury; and (2) Read the entire page →
From page 126... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 127 and street lighting; (5) utility service facilities; (6) Read the entire page →
From page 127... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 128 RHODE ISLAND Summary: The State of Rhode Island has partially abrogated sovereign immunity for airports, which are treated similarly to other governmental entities. When performing discretionary functions, such as making policy decisions, airports are granted immunity. Read the entire page →
From page 128... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 129 Coleman v. Windham Aviation, Inc., 2006 R.I. Read the entire page →
From page 129... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 130 its construction and operation." o Process: R.I. Read the entire page →
From page 130... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 131 is not truly a State agency in the same sense as other boards and commissions. Multimedia Publ'g Co. Read the entire page →
From page 131... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 132 S.D. Read the entire page →
From page 132... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 133 thereunder, the State shall be deemed to have waived the common law doctrine of sovereign immunity and consented to suit in the same manner that any other party may be sued. o Process: S.D. Read the entire page →
From page 133... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 134 • TENN. Read the entire page →
From page 134... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 135 • "The Tennessee Supreme Court in the Stocker case stated that it was not there confronted with any such difficulty, for the clear and unmistakable terms of the Act under which the City of Nashville operated its airport left no room for construction or debate, and no valid reason existed for refusing to give effect to the immunity provision of the legislative Act exempting the municipality from suit arising out of its exercise of a public governmental function." Id. Read the entire page →
From page 135... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 136 o Monetary Limits and Caps: TENN. Read the entire page →
From page 136... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 137 TEXAS Summary: The State of Texas has abrogated sovereign immunity for airports, which are treated similarly to other governmental entities. When performing discretionary functions, such as making policy decisions, airports are granted immunity. Read the entire page →
From page 137... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 138 o Each governmental unit, except unit of the State government, may purchase liability insurance. Read the entire page →
From page 138... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 139 • "In Texas airports are considered governmental functions and retain the cloak of sovereign immunity from suit sounding in tort." Id. Read the entire page →
From page 139... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 140 TEX. Read the entire page →
From page 140... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 141 • UTAH CODE ANN. Read the entire page →
From page 141... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 142 UTAH CODE ANN. Read the entire page →
From page 142... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 143 o Statutory Authority: VT. Read the entire page →
From page 143... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 144 o State-Specific Aspects: Vermont has an interesting statutory waiver of sovereign immunity in that it creates a limited avenue of governmental vicarious liability. If a government employee commits a tort within the scope of his employment and it is not a statutory or discretionary function, then the plaintiff's suit may proceed against the Agency of Transportation. Read the entire page →
From page 144... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 145 • Virginia courts have considered the MWAA to be the equivalent of a municipality for immunity purposes. Read the entire page →
From page 145... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 146 • MWAA is liable for its contracts and torts, and torts of members, officers, employees, and agents committed in the conduct of any proprietary function. Read the entire page →
From page 146... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 147 faith purporting to perform their official duties, to the same extent as if they were a private person or corporation." WASH. Read the entire page →
From page 147... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 148 WASH. Read the entire page →
From page 148... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 149 o Relevant Case Law: Van Gilder v. City of Morgantown, 68 S.E.2d 746 (W. Read the entire page →
From page 149... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 150 W Read the entire page →
From page 150... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 151 acts done in an official capacity or in the course of his or her agency or employment. o Unless another statute provides rights or remedies against any political corporation, governmental subdivision or agency or any officer, official, agent or employee for injury, damages or death. Read the entire page →
From page 151... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 152 specifications; and (3) the contractor warned the supervising governmental authority about the possible dangers associated with those specifications that were known to the contractor but not to the governmental officials." Id. Read the entire page →
From page 152... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 153 officers to perform their functions freely [and] the right of an aggrieved party to seek redress.'" Id. Read the entire page →
From page 153... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 154 • "A plaintiff then needs to prove that the plaintiff gave formal notice or actual notice and the governmental entity was not prejudiced by actual, rather than formal, notice." Id. Read the entire page →
From page 154... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 155 o Process: WIS. Read the entire page →
From page 155... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 156 WYOMING Summary: The State of Wyoming has partially abrogated immunity for tort liability caused by the negligence of public employees within the scope of their duties while operating airports, which are treated differently than most other governmental entities. When performing discretionary functions, such as compliance with state or federal regulations, airports are not granted immunity. Read the entire page →
From page 156... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 157 o The government may include an immunity clause in its contracts. o Government entities must defend their employees for torts committed in the scope of their duties, regardless of the type of claim. Read the entire page →
From page 157... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 158 • WYO. Read the entire page →
From page 158... ... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 159 o Process: WYO. Read the entire page →

From page 12...

... ACRP LRD 24 Sovereign Immunity for Public Airport Operators 13 II. PART A: STATES ALABAMA Summary: The State of Alabama has partially abrogated sovereign immunity for airports, which are treated similarly to other governmental entities.