Lovendahl v. Jordan School District

¶ 55 I concur in the result but dissent from the reasoning of the lead opinion. While I agree with the lead opinion’s position on the first two Ledfors1 questions, in my view, the third Ledfors question should be answered differently.

¶ 56 The third Ledfors question requires the trial court to make the following inquiry to determine whether a governmental entity is immune from suit: “If the blanket immunity has been waived, does the Act also contain an exception to that waiver which results in a retention of immunity against the particular claim asserted in this case?” 849 P.2d at 1164. I…