McMurphy v. State

In this wrongful death action following the death of their daughter in an automobile accident, plaintiffs Bonnie McMurphy and James Hart appeal a summary judgment ruling that defendants State of Vermont and Town of Rutland were immune from suit. Plaintiffs argue that, under the Tort Claims Act, the State waived its sovereign immunity, and, by purchasing excess liability insurance, Rutland waived its municipal immunity up to $1,850,000. Plaintiffs argue, in the alternative, that Rutland is liable under the theory of breach of contract, a claim that is not subject to immunity. We affirm in…