Sovereign Immunity Waiver Vermont
"Sovereign immunity protects the state from suit unless immunity is expressly waived by statute." LaShay v. Department of Social & Rehabilitation Servs, 160 Vt. 60, 67, 625 A.2d 224, 228 (1993).
Under 12 V.S.A. 5601, the Tort Claims Act, Vermont has expressly waived immunity from certain lawsuits: "The state of Vermont shall be liable for injury to persons or property or loss of life caused by the negligent or wrongful act or omission of an employee of the state while acting within the scope of employment . . . ." 12 V.S.A. 5601(a).
Subsection (e)(8) of the Act, however, declares that waiver does not apply to "any claim arising from the selection of or purposeful deviation from a particular set of standards for the planning and design of highways." Id. 5601(e)(8).