McGauley v. Washington County

The personal representative of James McGauley’s estate brought a wrongful death action against Washington County for the death of McGauley, a quarry worker who was killed while operating a dump truck on a road being built up by Martin Marietta Materials, Inc. on behalf of the County. The district court dismissed the plaintiff’s claims against the County, concluding that the discretionary function exception of the Political Subdivisions Tort Claims Act (PSTCA) applied, and therefore, the County had sovereign immunity. The Supreme Court affirmed, holding that the County’s decision to allow Marietta to build up the road was a discretionary function not subject to the PSTCA. View "McGauley v. Washington County" on Justia Law