Andrew v. State

Allen, C J.

In this appeal we consider whether the State is immune from a tort suit claiming damages for injuries resulting from an allegedly negligent inspection of a private workplace pursuant to the Vermont Occupational Safety and Health Act (VOSHA), 21 V.S.A §§ 201-264. We conclude that the State is immune from the suit because plaintiffs, an injured employee and his wife, have failed to show that a private analog exists for the State’s regulatory enforcement activities. Accordingly, we affirm the superior court’s grant of summary judgment in favor of the State.

We view the facts as alleged…