Vassallo v. Majeski
Annotate this CaseRespondent was injured when Hennepin County Sheriff’s Deputy Jason Lee Majeski’s emergency vehicle struck Respondent’s vehicle as Majeski was responding to an emergency call. Respondent commenced a personal injury lawsuit against Majeski and Hennepin County, alleging negligence by Majeski and vicarious liability on the part of the County. The district court held that because Majeski was responding to an emergency at the time of the accident, Majeski’s conduct was protected by official immunity as a matter of law, and accordingly, the County was protected by vicarious official immunity. The court of appeals reversed and remanded for trial, concluding that a jury must determine whether Majeski proceeded cautiously through the intersection as required by public safety. The Supreme Court reversed, holding (1) Majeski did not, as a matter of law, violate a ministerial duty in his conduct while traveling through the intersection, and Majeski’s conduct was not willful or malicious; and (2) therefore, Majeski was entitled to official immunity and the County was entitled to vicarious official immunity. Remanded.
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