Frank Messina v. William W. Burden; Leonard Armstrong v. Dennis R. Johnson

Summary

The court affirmed judgments sustaining sovereign-immunity defenses for both governmental employees. It held that immunity may protect employees of an immune governmental entity, including a county employee, when the employee acts within the scope of employment and performs judgmental or discretionary duties; Burden’s supervisory state employment and Johnson’s discretionary county responsibilities satisfied that rule. Justice Poff concurred in the result but proposed distinct rules separating sovereign immunity from public-servant immunity, while Justice Cochran, joined by Justice Stephenson, dissented because the decision extended immunity beyond prior limits and improperly resolved factual negligence issues at the pleading stage.