Driscol v. Delphi Community School Corp.

This appeal attempts to question whether, on the plaintiffs’ evidence and as a matter of law, defendants are insulated from tort liability by a new doctrine of public immunity forecast in Campbell v. State (1972), 259 Ind. 55, 284 N.E.2d 733, 31 Ind. Dec. 739, by the caveat that “ ‘some vestige of the governmental immunity must be retained . . . [including an immunity] as to acts or omissions of government employees which . . . [are] “discretionary” ’ ’’, 1 Procedurally the question arises thus:

“At the close of Plaintiff’s evidence, the Court sustained a Motion for judgment [for the…