Alan B. Daughtry

Description

The court of appeals confirmed that the Port, as a governmental entity, has immunity from suit unless consent for suit has been provided by the legislature. This decision reversed prior decisions finding that a statute allowing the Port to "sue or be sued" waived immunity. Instead, this statute reflected the corporate powers of a navigation district, allowing it to appear and prosecute or defend against lawsuits. The court also negated any derivative liability or any exceptions to this immunity.

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