Background
Jonathan Collins was driving a truck when it collided with a school bus owned and operated by the Pike County Board of Education. The resulting negligence action named Collins, the Board, and John Robinette as parties.
The Board moved for summary judgment based on governmental immunity. The Pike Circuit Court denied the motion, reasoning that the Board’s authority under KRS 160.310 to obtain automobile liability insurance, together with its purchase of coverage, waived immunity to the extent of the policy limits. The Board appealed the interlocutory immunity ruling as a matter of right.
The Court’s Holding
The Kentucky Court of Appeals reversed, holding that the Board was entitled to governmental immunity. School boards are state agencies protected by governmental immunity, and transporting pupils is a governmental function because it is a necessary part of a county school board’s educational program.
The court also held that KRS 160.310 does not waive a school board’s immunity from suit. Purchasing liability insurance likewise does not waive sovereign or governmental immunity under KRS 44.073(14). The court therefore reversed the order denying summary judgment and remanded for further proceedings consistent with its opinion.
Key Takeaways
- Kentucky school boards enjoy governmental immunity as agencies of the state.
- Providing school-bus transportation is a governmental function within a county school board’s educational program.
- Neither KRS 160.310 nor a school board’s purchase of liability insurance waives governmental immunity.
Why It Matters
The decision confirms that liability coverage does not, by itself, expose a Kentucky school board to negligence suits arising from its governmental functions. Courts must treat the statutory authority to insure separately from a legislative waiver of immunity.
For claims involving school transportation, the opinion reinforces that the board itself remains immune even though different immunity rules may govern claims asserted against individual officers or employees in their individual capacities.