Robert R. Bego, Plaintiff and Appellant v. Tom Gordon, Hobart G. Peterson, Lenhardt Aman and the Montrose Public…

Summary

The court held that the school district was immune from tort liability because no express legislative consent exposed it to suit, but that sovereign or official immunity did not justify summary judgment for the individual administrators where the pleadings and evidence raised factual questions about intentional torts, ultra vires conduct, discretionary functions, and privilege. The court also held that the plaintiff's settlement with the district could not reduce any recovery against the individual defendants because the district had no possible tort liability and therefore was not a joint tort-feasor. Justice Henderson dissented, arguing that all defendants were entitled to summary judgment based on sovereign or official immunity and the absence of material factual disputes.