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“Sovereign immunity is a rule of social policy, which protects the state from burdensome
interference with the performance of its governmental functions and preserves its control over
state funds, property, and instrumentalities.” City of Virginia Beach v. Carmichael Dev. Co., 259
Va. 493, 499 (2000). “Most importantly, the doctrine of sovereign immunity provides for
‘smooth operation of government’ and prevents citizens from ‘improperly influencing the
conduct of governmental affairs through the threat or use of vexatious litigation.’” Id. (quoting
Messina, 228 Va. at 308).
The General Assembly has waived sovereign immunity in a number of circumstances.
One such waiver of sovereign immunity is found in Code § 22.1-194. That statute provides:
§ 22.1-194. Liability of locality or school board owning or
operating vehicle.
In case the locality or the school board is the owner, or operator
through medium of a driver, of, or otherwise is the insured under
the policy upon, a vehicle involved in an accident, the locality or
school board shall be subject to action up to, but not beyond, the
limits of valid and collectible insurance in force to cover the injury
complained of or, in cases set forth in subsection D of § 22.1-190,
up to but not beyond the amounts of insurance required under
subsection A of § 22.1-190 and the defense of governmental
immunity shall not be a bar to action or recovery. In case of
several claims for damages arising out of a single accident
involving a vehicle, the claims of pupils and school personnel,
excluding driver when not a pupil, shall be first satisfied. In no
event, except where approved self-insurance has been provided
pursuant to subsection D of § 22.1-190, shall school funds be used
to pay any claim or judgment or any person for any injury arising
out of the operation of any such vehicle. The locality or school
board may be sued alone or jointly with the driver, provided that in
no case shall any member of a school board be liable personally in
the capacity of school board member solely.
“[T]his statute abrogates the immunity of a school board for acts of simple negligence ‘to
a limited degree’ and when the conditions of the statute are met.” Linhart v. Lawson, 261 Va.
30, 33 (2001) (quoting Wagoner v. Benson, 256 Va. 260, 262-64 (1998)). Jump to an indexed page (6 of 6)