Hanna v. McCain

Ness, Justice:

Appellant Hanna appeals an order granting summary judgment to respondent McCain. Hanna asserts the trial court erred in holding McCain not liable under the doctrine of sovereign immunity. We agree and reverse.

Hanna sued McCain personally for damage to his crops which occurred when McCain’s work crew scraped a dirt road on Hanna’s property. Although Hanna had allowed the county to plow the road from 1961 to 1979 they had no written easement or any prescriptive right-of-way. Hanna had notified the county prior to this time to refrain from scraping his property.

The facts are…