The doctrine of governmental immunity is firmly imbedded in the common law of the Commonwealth. While municipal corporations may, in cases involving their proprietary functions, be sued (if certain preliminary steps are taken), the Commonwealth, its agencies and political subdivisions are absolutely immune from suit, except for a few contractual situations. Recent court decisions have extended the doctrine in certain cases to individual State employees sued personally.

The majority of states have abolished the doctrine, either judicially or legislatively, as being outmoded and unfair. While the Supreme Court of Virginia has consistently upheld the doctrine, in some of the opinions it has strongly hinted that the General Assembly should exercise its prerogatives, and take a sharp, close look at the problem.

With this in mind, the 1974 Session of the General Assembly adopted House Joint Resolution No. 20.

In accordance with this directive, the Senate Committee for Courts of Justice appointed Senators ·Herbert H. Bateman, Frederick T. Gray, J. Harry Michael, Jr. and H. Selwyn Smith, and the House Committee for Courts of Justice appointed Delegates George E. Allen, Jr., Richard W. Elliott, Jr., J. Samuel Glasscock, Clinton Miller and Thomas W. Moss, as a Joint Subcommittee to study and report on the problem. The Honorable George E. Allen, Jr., was selected as Chairman of the Subcommittee.

The Subcommittee is indebted to C. F. Hicks, Esquire, Attorney-at-law and counsel for the Virginia Association of Counties, Howard W. Dobbins, Esquire, Attorney-at-law and counsel for the Virginia Municipal League, Stuart Dunn, Esquire of the Attorney General's office, William M. Wimbish, Esquire, Assistant City Attorney for the city of Richmond, James Eichner, Esquire, of the Richmond Bar, and Messrs. Julian Hirst and Richard Price of the Virginia Municipal League for the assistance and information they gave the Subcommittee. The Division of Legislative Services, represented by G. William White, Jr., and Howard P. Anderson, Jr., provided counsel and staff for the Subcommittee.