Cunningham v. Rossman

By Judge David A. Melesco

This matter comes before the Court on the defendants’ Plea in Bar of Sovereign Immunity. For the reasons that follow, the Court grants the plea in bar. The City of Danville has absolute immunity from the plaintiff’s claims in this suit, and Defendant Jacqueline Rossman has immunity from claims of simple negligence.

I. Facts on Plea in Bar

A. Standard of Review

“A plea of sovereign immunity is a defensive plea presenting distinct issues of fact which, if proved, create a bar to the plaintiffs right of recovery. As the moving party, the defendants bear the burden of…