Stratton v. Commonwealth

SCOTT, Justice.

This case comes to us on discretionary review of the Court of Appeals’ opinion, which held the actions taken by agents of the Cabinet for Families and Children (“Cabinet”) were discretionary in nature, and thus, rendered the Cabinet immune from claims of negligence under the Board of Claims Act. We originally granted review of this case to hopefully provide further guidance on the issue of governmental immunity, but after further review of the record, we have determined the actions in this case were simply discretionary and therefore, there was no waiver of immunity, and the…