ESTATE OF GAGE v. STATE

No. 03-403.

882 A.2d 1157 (2005)

2005 VT 78

ESTATE OF Nicholas P. GAGE, et al. v. STATE of Vermont.

Supreme Court of Vermont.

July 22, 2005.


Attorney(s) appearing for the Case

Robert A. Mello and Richard J. Holmes of Robert A. Mello & Associates, P.L.C., South Burlington, for Plaintiffs-Appellees.

William H. Sorrell, Attorney General, and Eve Jacobs-Carnahan, Assistant Attorney General, Montpelier, for Defendant-Appellant.

Present: DOOLEY, JOHNSON, SKOGLUND and REIBER, JJ., and ALLEN, C.J. (Ret.), Specially Assigned.


¶ 1. JOHNSON, J.

This appeal requires us to determine whether the discretionary function exception to the Vermont Tort Claims Act applies to immunize the State of Vermont from a negligence action arising out of an incident in which a vehicle left the roadway, flipped over a guardrail, rolled down an embankment, and landed in a brook, resulting in several drowning deaths. The State contends the decision whether to remove or guard against the drowning hazard involved...

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