Summary
The North Dakota Supreme Court affirmed summary judgment dismissing the Tangedals’ negligence claim against the Lake Region District Health Unit and affirmed denial of their motion to amend the complaint to add an employee as a personal-capacity defendant. The court held that public-duty immunity under N.D.C.C. § 32-12.1-03(3) applied because the alleged septic-system inspection involved performance of a public duty and no special relationship had been established. The court concluded it therefore did not need to decide whether the employee’s conduct was grossly negligent.
Topics
Practice areas
Questions Presented
- Whether the district court abused its discretion by denying the Tangedals' motion to amend their complaint to add Allen McKay as a personal-capacity defendant when the proposed claim was allegedly futile because governmental immunity applied.
- Whether Lake Region District Health Unit was immune under N.D.C.C. § 32-12.1-03(3)(f) and (g) from liability for injuries allegedly caused by McKay's inspection of the septic system.
- Whether alleged reckless or grossly negligent conduct under N.D.C.C. § 32-12.1-04 creates an exception to public-duty immunity without proof of a statutory special relationship.
Holdings
- A political subdivision and its employee may not be held liable for an injury caused by the performance or nonperformance of a public duty, including inspection of conditions affecting health or safety, unless the plaintiff establishes the statutory special relationship required by N.D.C.C. § 32-12.1-03(3)(g).
- The district court did not abuse its discretion in denying the motion to amend because the proposed personal-capacity claim against McKay would be futile in light of public-duty immunity and the absence of a special relationship.
- Summary judgment for Lake Region was proper because McKay's septic-system inspection involved performance of a public duty and the Tangedals failed to establish a special relationship that would defeat immunity.
Key quotations
“a political subdivision and an employee may not be held liable for a claim for an injury caused by the performance or nonperformance of a public duty unless a special relationship is established.” (¶ 23)
“Because no special relationship was established, it is not necessary for us to consider whether McKay’s conduct was grossly negligent.” (¶ 24)
Factual background
The Tangedals purchased land from William and Mavis Mertens in 2009, and a septic tank on the property collapsed in January 2014. They alleged the Mertenses had built an addition over the septic system in violation of applicable regulations and that Allen McKay, an environmental health supervisor for Lake Region District Health Unit, negligently inspected and certified the septic system. The Tangedals sought to add McKay personally, alleging reckless or grossly negligent conduct, while also pursuing a negligence claim against Lake Region.
Procedural history
The Tangedals sued the Mertenses, Lake Region District Health Unit, and the Ramsey County Board of Commissioners for damages arising from the collapse of a septic tank. The district court dismissed the claim against the County Board, denied the Tangedals' motion to amend to add Allen McKay, denied the Mertenses' summary-judgment motion, and granted Lake Region's summary-judgment motion based on governmental immunity and the absence of a special relationship. The Tangedals settled their claim against the Mertenses and appealed the rulings concerning McKay and Lake Region.