Schafer v. State, Dept. of Institutions

Plaintiffs Albert and Donna Schafer brought this action on April 15, 1977, as parents and natural guardians of Betty Mae Schafer (Betty Mae) for personal injuries arising out of an automobile accident. The State Department of Institutions (the State) answered, alleging affirmative defenses of contributory negligence and supervening cause in addition to general denials of negligence and causation.

On completion of discovery, the State filed a motion for summary judgment on the primary basis that, as a matter of law, none of the acts of the State were negligence nor did they constitute the…