City of Rome v. Jordan

I cannot agree with the majority’s adoption of the general duty/ special duty analysis from Cuffy v. City of New York, 505 NE2d 937 (N.Y. 1987), albeit modified and retitled, which foreign jurisdictions have employed as a means of piercing a governmental defendant’s defense of sovereign immunity. As reflected by the foreign authorities cited approvingly by the majority, the rationale for the analysis adopted by the majority is to establish a duty that exists notwithstanding the existence of governmental immunity. Thus, quite aside from the fact that application of the majority’s analysis, is…