Should the Wake school system, or any school system, enjoy governmental immunity from liability lawsuits?
The answer, at least according to most Wake school board members, is yes. Last week, the school board voted 6-1 to express opposition to the General Assembly possibly eliminating governmental immunity for public schools, cities and counties.
Ann Majestic, the school board's attorney, painted a dire picture for Wake if it lost governmental immunity.
Majestic warned that loss of immunity could lead to higher insurance premiums and higher legal fees.
Click here for the precis from last week's board meeting that lists Wake's arguments for keeping governmental immunity.
The immunity Wake now claims isn't absolute. State law says that school boards waive governmental immunity to the extent they obtain insurance coverage.
The lone exception on the board was Ron Margiotta. He argued that Wake should be willing to own up for any mistakes it or its employees make.
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Tue, 05/26/2009 - 01:30 — jasmi123Perhaps the most important thing to understand is that life insurance and health insurance are designed to cover two very different situations and it is not a case of choosing one or the other, as many people think, but is a case of deciding as two separate issues whether you need either or both.
Yes, but who will pay?
Thu, 02/26/2009 - 11:42 — kmisegadesWe'd probably all like to tar and feather certain elected officials and members of the government bureaucracy. But should citizens win a lawsuit and there be a financial penalty on the accused, taxpayers in the end will end up paying the bill. What our country needs is less litigation, not more. But the courts have in recent years been the only avenue for citizens to fight against the tyranny of a state government and local school system that is nearly immune to public criticism. Perhaps the fair penalty on individuals would be immediate expulsion, revocation of any retirement/medical benefits. If criminal behavior was part of the lawsuit, the courts would handle this in the common manner. I do believe that a CLASS ACTION LAWSUIT on behalf of all parents in Wake County might be on order. Clearly our children have received a sub-standard education that has significantly affected their chances for income earning in their adult lives. Where is a good trial lawyer when you need one?
John Edwards is probably available!
Thu, 02/26/2009 - 11:55 — g88ky07I think a Class Action Lawsuit is certainly in order. With the N&O finally printing proof of the lies, misleading and failures, coupled with ALL the other proof available, I see it as a winnable case absolutely!
John, it's time to get back on the horse!
Isn't this akin to...
Wed, 02/25/2009 - 14:46 — RiversideRealist... corporations? Once you are incorporated, the corporation itself becomes an entity, and the individuals IN the corporation are wholly separate from any legal action taken against the corporation.
Seems to me you can sue a SYSTEM (entity) without dragging those who RUN it (individuals) into the lawsuit.
Unless I am misunderstanding this...
Why are they worried? Must
Wed, 02/25/2009 - 12:43 — Big_PictureWhy are they worried? Must be the other lawsuits that are brewing? Time to own up to the mistakes and make corrections before inviting additional lawsuits.
Zactly!
Wed, 02/25/2009 - 15:10 — g88ky07There are a couple of other lawsuits brewing and they know it.
When your "utopia" is coming unglued you start scrambling in all directions. Anyone else smell the brewing? Anyone else see the scrambling?!!
“…..eliminating
Wed, 02/25/2009 - 16:03 — user1234“…..eliminating governmental immunity for public schools, cities and counties.”
Remember this bill pulls in the beloved Mayors too.
A big mark like government
Wed, 02/25/2009 - 13:53 — user1234A big mark like government would draw the sharks. Many of these lawsuits are settled out of court so all you need to do is file a suit and get rich. I am sure if there was anything serious the paper would have already investigated and published it.
Lack of liability does not
Wed, 02/25/2009 - 11:57 — user1234Lack of liability does not imply to lack of responsibility. The WCPSS probably still compensates people they have injured but not to the tune of millions lawyer might want. Has anyone seen a case where the school system allowed a known pedophile to hurt children, or an administrator to sexually cohere employees or a bus driver to run over a child, or a teacher to attack a student where a resolution was not made? I don’t pay that much attention to the news but I just have never seen a stream of these kinds of blatantly unfair cases surfacing. Ultimately, do we want our tax dollars going to educating students or compensating lawyers? I think Ron M. is immune to lawsuits as a member of the BOE like many other government officials. Would he assume personal responsibility and be exposed to lawsuits for WCPSS errors?
OF COURSE
Wed, 02/25/2009 - 10:26 — g88ky07they think they should be immune from EVERYTHING accountable! OF COURSE they voted 6 to 1! OF COURSE Ann " I couldn't represent an auto accident victim" Majestic painted a dire picture! Haven't they fired her yet, after her dismal performance against WakeCares!?
Sounds like they're worried a few more lawsuits are getting ready to come at them!
Hmmmmmmmmm...
Why does it not surprise me
Wed, 02/25/2009 - 10:18 — FalcWhy does it not surprise me that in NC the government is immune to owning up to its mistakes? Why does it not surprise me that WCPSS does not want to be held liable for its mistakes?
Can I get in on that deal? I'd like to be immune from liability lawsuits too, so I can pay lower insurance premiums.