Estate of Williams v. Parks & Recreation Dep’t

Erik Williams drowned at a park owned by defendant county and operated by defendant county parks and recreation department. Williams' estate filed a claim against Defendants alleging negligence. Defendants made a limited motion for summary judgment, contending that Williams's allegations were barred by the doctrines of governmental and sovereign immunity. The trial court denied Defendants' limited motion, concluding that Defendants were not entitled to governmental immunity because they charged and collected a fee for the use of the park. The court of appeals affirmed. The Supreme Court held that because the decision of the court of appeals that Defendants were not entitled to governmental immunity turned predominantly upon the fact that the services Defendants provided could also be provided by nongovernmental entities, without consideration of a number of additional factors, the case must be vacated and remanded for additional proceedings. View "Estate of Williams v. Parks & Recreation Dep't" on Justia Law