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MCMURPHY v. STATE

No. 98-499.

757 A.2d 1043 (2000)

Bonnie McMURPHY, et al. v. STATE of Vermont and Town of Rutland.

Supreme Court of Vermont.

June 2, 2000.

Attorney(s) appearing for the Case

James W. Runcie of Ouimette & Runcie, Vergennes, for Plaintiffs-Appellants.

William H. Sorrell, Attorney General, and Cathy Nelligan Norman and Scott A. Whitted, Assistant Attorneys General, Montpelier, for Defendant-Appellee State of Vermont.

Joseph A. Farnham of McNeil, Leddy & Sheahan, Burlington, for Defendant-Appellee Town of Rutland.

PRESENT: DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ., and GIBSON, J. (Ret.), Specially Assigned.

MORSE, J.

In this wrongful death action following the death of their daughter in an automobile accident, plaintiffs Bonnie McMurphy and James Hart appeal a summary judgment ruling that defendants State of Vermont and Town of Rutland were immune from suit. Plaintiffs argue that, under the Tort Claims Act, the State waived its sovereign immunity, and, by purchasing excess liability insurance, Rutland waived its municipal immunity up to $1,850,000. Plaintiffs argue,...

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