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Couplin v. Payne6/9/2005
Deon Eric Couplin, the plaintiff in a personal injury action arising from a collision between his vehicle and a Metropolitan Washington Airport Authority ("MWAA") ambulance driven by the defendant, Aubrey Gill Payne, Jr., appeals from the judgment of the trial court holding that Code § 5.1-173(B) afforded Payne immunity from his alleged gross negligence causing the accident. The issue before us is whether Code § 5.1-173(B) accords employees of the MWAA immunity from tort claims of gross negligence while engaged in the performance of a governmental function. We conclude that the statute does not accord immunity to MWAA employees in such circumstances and therefore we will reverse the judgment of the trial court.
I. BACKGROUND AND PROCEEDINGS BELOW
On August 16, 2000, Payne, an MWAA employee, was operating an MWAA ambulance when he received a radio dispatch to respond to an accident in the eastbound lanes of the Dulles Access Road in Fairfax County, Virginia. In response to the radio dispatch, Payne entered the westbound Dulles Access Road from an on-ramp and attempted to cross the westbound lanes of traffic to a median crossover to reach the accident site in the eastbound lanes. In the course of traversing the westbound lanes, Payne's MWAA ambulance struck Couplin's vehicle which was traveling in the far left westbound lane, causing Couplin to lose control of his vehicle and "run off" the highway. As a result of the accident, Couplin alleged he sustained severe injuries.
Couplin timely filed a motion for judgment against the MWAA and Payne in the Circuit Court of Fairfax County alleging gross negligence in the operation of the ambulance which caused the accident and Couplin's injuries. In response, the MWAA and Payne filed a joint plea in bar interposing the statutory grant of immunity under Code § 5.1-173(B).
At the plea in bar hearing in the trial court, Couplin conceded, as he does on appeal, that the MWAA is immune from suit under Code § 5.1-173(B) because under the circumstances of this case, the operation of the ambulance was in the performance of a governmental function. After argument and briefing by counsel, the trial court sustained the plea in bar as to Payne. The trial court opined that the statute barred a claim against a MWAA employee for any tort committed in the course of performing a governmental function, including those involving grossly negligent conduct. By order of May 27, 2004, incorporating its bench ruling, the trial court dismissed Couplin's claim against Payne and the MWAA with prejudice. We awarded Couplin this appeal.
II. ANALYSIS
The General Assembly established the MWAA in 2001 to acquire, operate and protect Ronald Reagan Washington National Airport and Washington Dulles International Airport and related facilities. Code § 5.1-154; Acts 2001, ch. 342. The MWAA performs many governmental functions in the discharge of its delegated powers, including the operation of emergency public services such as the ambulance service for which Payne was operating a vehicle at the time of the accident. Code § 5.1-156. In establishing the MWAA, the General Assembly specifically set forth the scope of tort liability of the MWAA in Code § 5.1-173(B), which provides as follows:
B. The Authority shall be liable for its contracts and for its torts and those of its members, officers, employees, and agents committed in the conduct of any proprietary function, in accordance with the law of the Commonwealth of Virginia but shall not be liable for any torts occurring in the performance of a governmental function. The exclusive remedy for such breach of contracts and torts for which the Authority shall be liable,
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