Opinion No. 76-123 (1976) Ag

PERSONNEL OF COLLEGE OF OSTEOPATHIC MEDICINE — SOVEREIGN IMMUNITY The issue of personal liability and the applicability of the doctrine of sovereign immunity to the question of personal liability in any given case are factual determinations dependent upon the surrounding facts and circumstances in that particular case, which can only be resolved in a court of law by the jury, or the court sitting as the trier of the facts. Since 70 O.S. 4313 [70-4313] (1975) is void, no legislative authorization to purchase liability insurance is made by that statute. Under 74 O.S. 20 [74-20](e) (1974), the…