Cunningham v. Haza

WATHEN, Justice.

The plaintiffs, Scott and Patricia Cunningham, husband and wife, and James McCoy, minor son of Patricia, appeal from an order of the Superior Court (Hancock County) granting judgment on the pleadings in favor of defendant Vauna Haza. 1 On appeal, plaintiffs contend that the Superior Court erroneously determined that defendant’s immunity from suit was affirmatively established as a matter of law by the allegations in their complaint. We find that the Superior Court erred and we vacate the judgment.

I

The factual allegations in plaintiffs’ complaint may be summarized as follows:…