CaseJANET DUDLEY ANDERS, EXECUTRIX OF THE ESTATE OF DEAN CORBIN ANDERS, DECEASED v. JUSTIN MATTHEW KIDD
(Record Number 131891)
FromThe Circuit Court of Campbell County; J. Cook, Judge.
CounselHenry C. Devening (Henry C. Devening, PC) and Thomas L. Phillips, Jr. (Phillips, Morrison, Johnson & Ferrell) for appellant.
Robert G. Harrington (Robert Harrington & Associates) for appellee.
Assignment of Error
- The trial court erred in granting the Defendant's Plea of Sovereign Immunity because Mr. Kidd, as the driver of a Rescue Squad vehicle transporting a patient on a non-emergency basis, with another person riding in the back of the squad vehicle with the patient and that other person responsible for monitoring the patient and providing any necessary care, was not engaged in activity that involved special risks or the exercise of judgment or discretion beyond that required by ordinary driving in routine traffic about the proper means of effectuating the governmental purpose of the driver's employer at the time of the wreck.