1. Family Immunities
1.1. Spousal
1.1.1. Largely abolished and can freely sue each other
1.2. Parents v. Children
1.2.1. Partial aborogation (Zellmer)
1.2.2. Exceptions (Does Not Apply)
1.2.2.1. When intentional or willful and wanton
1.2.2.2. Terminated due to death
1.2.2.3. Legally Emancipated Child
1.2.2.4. Step-parent with Adoption
1.2.3. Contribution
1.2.3.1. Typically for parents seeking contribution for injury from the other tortfeasor
2. Charity Immunity
2.1. Implied Waiver Theory
2.1.1. He who accepts the benefit of charity impliedly agrees not to bring a claim for any wrong done to him
2.2. Trust fund theory
2.2.1. Judgements cannot be paid by charitable funds
3. Tort Immunites foster Neglect
4. Partial immunity to some jurisdictions- mostly abrogated
5. State & Local Governments
5.1. Federal Tort Claims Act
5.1.1. Except to the extent that the US consents both to suit and tor liability, it and its agencies are immune to liability
5.1.2. Statutory provisions give the requisite consent to suit and liability for many types of tortious conduct
5.2. State Tort Claims Act
5.2.1. Governs extent to which one can sue state or city
5.2.2. Common Law Approach
5.2.2.1. Discretionary Functions
5.2.2.1.1. Those functions in which the government is acting to establish policy
5.2.2.1.2. If Discretionary function, Immune
5.2.2.2. Ministerial Function
5.2.2.2.1. Those that implement or effectuate the policies
5.2.2.2.2. If ministerial, not immune, suit allowed
5.2.3. Police Actions
5.2.3.1. Unsucessful
5.2.3.1.1. No duty to protect the individual
5.2.3.2. Successful
5.2.3.2.1. Implied promise from detrimental reliance
5.2.3.2.2. DeLong v. Erie County
5.3. US Immunity
5.3.1. Must present claim to agency before suit
5.3.1.1. Failure to do so is dismissal grounds
5.3.2. 2 deadlines to meet
5.3.2.1. Claim to agency w/in 2 years
5.3.2.2. 6 months after mailing of dismissal, submit to court
5.3.3. Federal courts have exclusive jurisdiction
5.3.4. Tried by judge, NO JURY
5.3.5. Attorney Fee is regulated
5.3.5.1. 25% max after trial commencement
5.3.5.2. 20% max from agency settlement
5.3.6. 13 Exceptions (2 relevant to course)
5.3.6.1. Discretionary Function Exception
5.3.6.1.1. If engaged in discretionary function, gov. is immune
5.3.6.1.2. 2 steps to determine
5.3.6.2. Incident to Military Service Exception (Feres Doctrine)
5.3.6.2.1. Claims arising out of combat activities of military or naval forces or coast guard during times of war
5.3.6.2.2. Extension to Government Contract Products
5.3.6.2.3. Most are for soldiers hit by vehicles
5.3.6.2.4. Claims Barred under Feres Doctrine