Carter v. Chesterfield County Health Commission case summary
527 S.E.2d 783 (Va. 2000)
Tort Law
PROCEDURAL HISTORY: Appellant estate administrator challenged judgment of Circuit Court of City of Richmond (Virginia), which dismissed his tort claim against appellee county health commission.
FACTS: The trial court dismissed appellant estate administrator's tort claim against appellee county health commission, concluding that appellee was immune from tort liability because it was entitled to the status of a municipal corporation and was performing a governmental function in the operation of a nursing home. The parties generally agreed that appellee was entitled to the status of a municipal corporation.
HOLDING:
The court concluded that the provision of nursing services by appellee was not a ministerial act of a proprietary nature, but an exercise of police power for the common good; and thus, was governmental in nature. Thus, the trial court did not err in holding that appellee was entitled to immunity from tort liability because the operation of a nursing home was a governmental function. Accordingly, the judgment of the trial court was affirmed.
RULES:
Municipal corporations are immune from tort liability when performing governmental functions, but are not immune when exercising proprietary functions. The principles to be applied in determining whether a municipality is engaged in a proprietary or governmental function for purposes of immunity are well established. A function is considered governmental if it is the exercise of an entity's political, discretionary, or legislative authority. If the function is a ministerial act, assumed in consideration of the privileges conferred by charter, and involves no discretion, it is proprietary.
CONCLUSION: Judgment affirmed because appellee was performing a governmental function in operating a nursing home; thus it was immune from tort liability.
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527 S.E.2d 783 (Va. 2000)
Tort Law
PROCEDURAL HISTORY: Appellant estate administrator challenged judgment of Circuit Court of City of Richmond (Virginia), which dismissed his tort claim against appellee county health commission.
FACTS: The trial court dismissed appellant estate administrator's tort claim against appellee county health commission, concluding that appellee was immune from tort liability because it was entitled to the status of a municipal corporation and was performing a governmental function in the operation of a nursing home. The parties generally agreed that appellee was entitled to the status of a municipal corporation.
HOLDING:
The court concluded that the provision of nursing services by appellee was not a ministerial act of a proprietary nature, but an exercise of police power for the common good; and thus, was governmental in nature. Thus, the trial court did not err in holding that appellee was entitled to immunity from tort liability because the operation of a nursing home was a governmental function. Accordingly, the judgment of the trial court was affirmed.
RULES:
Municipal corporations are immune from tort liability when performing governmental functions, but are not immune when exercising proprietary functions. The principles to be applied in determining whether a municipality is engaged in a proprietary or governmental function for purposes of immunity are well established. A function is considered governmental if it is the exercise of an entity's political, discretionary, or legislative authority. If the function is a ministerial act, assumed in consideration of the privileges conferred by charter, and involves no discretion, it is proprietary.
CONCLUSION: Judgment affirmed because appellee was performing a governmental function in operating a nursing home; thus it was immune from tort liability.
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