dissenting:
Respectfully, I dissent.
I agree that we have jurisdiction to review this interlocutory order based on the fact that a claim of absolute immunity has been asserted. Indeed, it is now established law that a governmental agency or official be.spared the burden and cost of litigation as well as be shielded from liability where immunity applies.
However, I file this dissent because I disagree that the water district is entitled to claim immunity from liability under the circumstances of this case. Its primary governmental function is to provide water. That was the very purpose of its creation as a special district.
However, as noted in some detail by the majority opinion, that immunity is not absolute and indeed does not exist when the governmental entity is performing a proprietary or ministerial function. I am persuaded that the failure of the water district to turn off water when duly requested was a ministerial act that bars the water district from the shield of immunity. At the very least, discovery should be permitted in order to determine facts that may establish or detract from the claim of immunity asserted.
Accordingly, I would affirm the order of the Woodford Circuit Court denying the motion to dismiss filed by the South Wood-ford Water District.