Ellis v. Jolley

Summary

The Supreme Court of Virginia held that the City of Chesapeake was protected by sovereign immunity because trash collection is a governmental function. It held, however, that the city employee was not immune because he was engaged in ordinary driving when he ran through a stop sign and collided with the plaintiff’s vehicle. The court affirmed in part, reversed in part, and remanded for trial.

Holdings

1. The City was protected by sovereign immunity because municipal trash removal is a governmental function, and municipalities are immune from tort liability for negligence in performing or failing to perform governmental functions.
2. Ellis was not protected by sovereign immunity because, when the collision occurred, he was engaged in ordinary driving in routine traffic rather than exercising judgment and discretion beyond ordinary driving to perform the governmental trash-collection function.

Questions Presented

1. Whether the City of Chesapeake was protected by sovereign immunity from negligence claims arising from its trash-collection function.
2. Whether Ellis, the City's trash-truck driver, was protected by sovereign immunity when he caused the collision while engaged in ordinary driving in routine traffic.
3. Whether the undisputed facts required de novo resolution of the sovereign-immunity issues despite the circuit court's hearing on the plea in bar.

Disposition

reversed_and_remanded