Episode 98: Calloway County injury attorney Jeff Roberts discusses various issues related to the question, “Can you sue the state for negligence?” This is can involve some complicated factors. The discussion will include state government, county government and municipal or city government entities.
You Can Sue the State?
Yes, it’s possible, but there are limited ways this can be done. The Commonwealth of Kentucky has sovereign immunity. This also applies to county government and agencies thereof. However, there is a limited waiver of sovereign immunity that could enable you to pursue your case before the Claims Commission.
Qualified Official Immunity
You may need to sue the actual government employee whose negligence was responsible for your injury and other damages. While an employee has some immunity, in certain situations, you can sue them for their actions/inactions that directly led to the damages.
Municipalities or Cities Do Not Have Sovereign Immunity
Interestingly, municipalities or cities aren’t protected under sovereign immunity doctrine. You can sue either a city employee and/or the local government entity.
What is Sovereign Immunity?
This concept has existed for centuries. Jeff assumes it probably goes back to kingdoms, thus preventing you from suing the king. The United States has sovereign immunity, as do the individual states. In Kentucky, this also extends to the county governments.
This protects the government, while enabling it to make decisions for the common benefit. An example might include the route for a federal, state or county roadway. The concept prevents the government from being subjected to an ongoing onslaught of lawsuits.
How Do You Determine whether a Government Employee Has Qualified Official Immunity?
There are situations in which you are prevented from suing a government employee, even if he/she was negligent. While this is fairly complicated, generally speaking it comes down to whether the person was exercising a ministerial act or a discretionary act.
With a discretionary act, even if done negligently, there is still immunity. Jeff gives the example of a road maintenance supervisor deciding whether to salt a road before it begins snowing. There may be a reason not to do this, so it’s left to their discretion. Should a car wreck occur on the snow-covered road, that wasn’t salted, the supervisor would have immunity.
However, let’s assume the salt truck ran through a stop sign and crashed into a vehicle that had the right of way. That salt truck driver had the ministerial duty to stop at the intersection. Their negligence led to the collision. Under this circumstance, there may be a way to sue the driver. A ministerial act isn’t left up to someone’s discretion; it’s a requirement.
Another example could include a sheriff who stops a drunk driver. They have a ministerial duty to arrest that driver. If they don’t and the drunk driver injures someone in a car wreck a few miles down the road, that sheriff or deputy could be sued for negligence.
However, if the officer pulls someone over for speeding and decides not to issue a ticket, if that driver later causes a wreck, the sheriff should be able to claim qualified official immunity. Their decision was discretionary.
Immunity Can Be Waived in Workers’ Compensation Claims
Jeff has represented a number of sheriff deputies who have been injured in the line of duty. There is a waiver for workers’ comp claim.
Kentucky’s Claims Commission
This was formerly referred to as the Board of Claims. Certain negligence claims can be pursued before the Claims Commission. There is a cap on the damages of $350,000, regardless of the total damages. This is for medical bills, lost wages and other damages. Claims for pain and suffering are not allowed.
Jeff points out that the government also gets credit for payments made by health insurance. If health insurance pays $100,000 in medical expenses, the potential $350,000 is reduced by $100,000. These types of limits to the recoverable amounts make it very difficult to pursue claims before the Claims Commission.
An example of a claim that could go to the Claims Commission might include a police officer responding to an incident, but neglects to turn on the emergency lights. Assume that same vehicle speeds through an intersection and collides with another vehicle. It’s possible that the Claims Commission could hear the case based on the negligence of the officer not using lights. There may also be a question of whether qualified official immunity exists, because the officer didn’t stop at the intersection. That could expose the police office, sheriff department or Kentucky State Police to a lawsuit.
This episode underscores how complex the law can be. You can rely on Jeff Roberts’ 32 years of experience in representing injured clients across Kentucky. He offers free consultations to help you learn about your options.
We hope you found this episode insightful and helpful. Thank you for listening!
What Do Other Clients Think About Jeff?
We always encourage listeners to read the Google Reviews Jeff Roberts has received from many of his clients. A 5-Star rating and the comments are earned recognition and demonstrate Jeff’s commitment to his clients. As a solo attorney, he has more Google Reviews than some firms with multiple attorneys. Jeff shares the credit with his staff at the Roberts Law Office. Successfully representing injured clients is a team effort. It’s why Jeff likes to say his firm offers small town service with big city results.
Jeff Roberts Represents Injured Clients Throughout Kentucky
With offices located in Calloway County (Murray) and now in Christian County (Hopkinsville), Jeff has a history of representing personal injury clients, workers’ compensation clients and social security disability clients across the state. He’s represented clients from Paducah, Bowling Green, Louisville, Covington, Whitesville and many other Kentucky locations. He’s not just a Western Kentucky injury attorney.
Is It Time to Speak with an Attorney about Your Car Wreck Case?
The office phone number is (270) 753-0053 or toll free at 800-844-5108. For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice. Jeff’s principal office is located at 509 Main Street, Murray, Kentucky. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
