Thomas v. Department of State Highways

(to affirm). This case concerns government immunity from liability for tort.1 Such immunity may arise either from judicial policy or *8legislation. This case does not involve judicially created but rather legislatively created immunity.

On appeal the question raised by the Court of Claims grant of summary judgment is whether the facts pled in this case, the death of an employee of a subcontractor who was engaged in the construction of a state highway when he was killed by falling earth when tunneling under a railroad right-of-way, deal with a "case[s] wherein the government agency is engaged in…