concurring in result.
I concur in the result reached by the majority. In this case, unlike the case of The University of Louisville and John R. Johnson, M.D. v. Honorable Earl O’Bannon, Judge, Jefferson Circuit Court, Archie B. Hall and Elina Hall, real parties in interest, 770 S.W.2d 215, this day decided, the constitutionality of the statute, insofar as it attempts to extend immunity of an agency of government to the employees of the agency, was clearly in issue and was, in my opinion, correctly decided by the majority.
For the reasons expressed in my dissent in The University of Louisville and John R. Johnson, M.D. v. Honorable Earl O’Bannon, Judge, Jefferson Circuit Court, Archie B. Hall and Elina Hall, real parties in interest, this day decided, I disagree with the majority that the “bringing of an action” referred to in Section 8 of the statute means the same thing as “maintaining an action” referred to in Section 12 of the statute.
GANT, J., joins in this opinion concurring in result.