Tort Law - The Public Duty Doctrine: Should It Apply in the Face of Legislative Abrogation of Sovereign Immunity? - Coleman v. Cooper

Abstract

This Note analyzes the Coleman case. The Note suggests that the court incorrectly applied the public duty doctrine where the defense of governmental immunity had been waived. First, the Note traces the background of the public duty doctrine. Second, the Note discusses the facts and holding of the Coleman case. Next, the note focuses on cases from other jurisdictions that have analyzed the public duty doctrine and its relation to governmental immunity. Finally, the Note addresses the issue of whether there is a real distinction between governmental immunity and the public duty doctrine