9. Immunities

Question 1

When does intra-family immunity apply?

Answer 1

Spouse can sue Spouse

Family can NOT sue Family

• Personal injury
• NOT Property damage (NO immunity)

Parent/Child can NOT sue Parent/Child

• Negligent parental supervision (Child can NOT sue Parent)
• Intentional torts (Parent/Child can sue Parent/Child)
• Automobile accidents (Parent/Child can sue to extent of insurance coverage)

Question 2

When does governmental tort immunity apply?

Answer 2

Federal Government

• Discretionary acts
• Battery/Assault/False imprisonment
• Libel/Slander/Misrep
• Otherwise immunity waived

State Government + Agencies (schools, hospitals)

• Discretionary acts
• Legislative/Judicial decision-making
• Otherwise immunity waived

Local Government
- Public duty (NO special relationship with private citizen)

Public officials

1) Discretionary acts
2) NO malice/improper purpose

Question 3

What is the difference between discretionary and ministerial acts?

Answer 3

Discretionary act
- Planning/Decision-making level

Ministerial act
- Operational level

Question 4

Is there charitable immunity?

Answer 4

No