Grad v. Kaasa

Judge Braswell

dissenting.

When a medical examiner makes a subjective determination that an autopsy is advisable and in the public interest then his actions are within the scope of his authority. The majority opinion holds that a forecast of the evidence clearly shows that Dr. Kaasa, the medical examiner, was acting within the scope of his office (slip opinion, page 6) and within the scope of his authority (slip opinion, page 8), but that there is a genuine issue of fact as to whether Dr. Kaasa “acted in reckless disregard of plaintiffs rights by ordering an autopsy without first having made…