IMMUNITY
Awad v. Breeze, No. 03CA2374 (Colo. Ct. App. Apr. 21, 2005)
A physician brought
a suit alleging numerous complaints, including slander, intentional infliction
of emotional distress, and intentional interference with a contract, against
four former colleagues who allegedly harassed him while he was employed at
a public hospital. In this interlocutory appeal, the court found, among other
things, that the trial court erred when it determined that the defendant physicians'
right to sovereign immunity had been waived. Under state law, a public employee
is immune from liability in any claim which lies in tort except where immunity
is expressly waived. Operation of a public hospital is one of these express
waivers. However, for immunity to be waived, the alleged injury must be directly
related to the purpose of the public entity. The court found that none of the
alleged violations related to the primary purpose of the hospital, which was
to provide patient care. Therefore, immunity was not waived.