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ANDREW v. STATE

No. 95-301.

682 A.2d 1387 (1996)

Florin and Juanita ANDREW v. STATE of Vermont.

Supreme Court of Vermont.

June 28, 1996.

Attorney(s) appearing for the Case

Jesse M. Corum IV of Gale, Corum & Stern, and Thomas W. Costello and Joel T. Faxon of Costello & Mabie, Brattleboro, for plaintiffs-appellants.

Jeffrey L. Amestoy, Attorney General, and Timothy B. Tomasi, Assistant Attorney General, Montpelier, for defendant-appellee.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.

ALLEN, Chief Justice.

In this appeal we consider whether the State is immune from a tort suit claiming damages for injuries resulting from an allegedly negligent inspection of a private workplace pursuant to the Vermont Occupational Safety and Health Act (VOSHA), 21 V.S.A. §§ 201-264. We conclude that the State is immune from the suit because plaintiffs, an injured employee and his wife, have failed to show that a private analog exists for the State's regulatory...

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