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.