specially concurring.
I concur in the result hereof, which I understand abrogates the concept and defense of governmental immunity, as that doctrine has heretofore applied, with respect to all political subdivisions in the State of Wyoming. In my judgment, however, the opinion should have specifically embraced such abrogation of governmental and sovereign immunity as would include the State of Wyoming. As the opinion now stands, the subject of the State’s immunity is not precisely considered, even though the language may be broad enough to abrogate the State’s sovereign immunity. My views on this subject are sufficiently set forth in Jivelekas v. City of Worland, Wyo., 546 P.2d 419, and need not be reiterated here. Suffice it to say that I am unable to recognize any substantive distinction between the so-called doctrines of sovereign and governmental immunity which would justify separate treatment by this court. See, Muskopf v. Corning Hospital District, 55 Cal.2d 211, 11 Cal.Rptr. 89, 359 P.2d 457; and Holytz v. City of Milwaukee, 17 Wis.2d 26, 115 N.W.2d 618. Furthermore, as explained in Jivelekas, supra, 429-431, Article 1, § 8, Wyoming Constitution, should not prevent such a total abrogation in light of the thrust of that provision and the decisions of this court which have touched and concerned its applicability. Notwithstanding the failure of the majority to speak to the abrogation of the State’s immunity in this decision, I am confident that, even if the opinion’s scope is not broad enough to include the State, nevertheless, the curtain is slowly but surely falling on this illogical and inexcusable chapter of legal history in Wyoming. Whether the final lines of this tragic drama will be read and acted upon by this court or by the legislature remains to be seen, but in fairness to those who are hurt by the agents of the State but may still be left without a remedy, the day of their relief cannot be far away.