McBrayer v. Scarbrough

Summary

The court held that the statutory term "use" in the waiver of sovereign immunity for negligent use of a covered motor vehicle is not limited to active transportation or active use of the vehicle as a vehicle. Loading a person into, restraining a person in, and detaining a person in a covered patrol car can constitute statutory use sufficient to waive sovereign immunity. The court also held that the statutory waiver question is determined under the statutes rather than by examining the county’s insurance policy, and it reversed and remanded.