Governmental immunity can be a confusing concept under Georgia law. As illustrated in past cases on this blog, some government officers and agencies can be found immune from litigation, while others may fall in special exceptions that prevent them from being held liable in a lawsuit. A recent Georgia car accident case before the Georgia Court of Appeals looks at how Georgia’s governmental immunity doctrines apply to county sheriffs in the state.
In this case, S.D. was driving in Calhoun, Georgia when he attempted to make a left turn at a local intersection. S.D. waited for all oncoming traffic before beginning his turn, but, as he turned, a local sheriff, R.M., attempted to pass S.D. on his left hand side. S.D.’s vehicle ran into R.M., and R.M.’s vehicle collided with S.D.’s driver’s side door. Because of the accident, S.D. continued to suffer from lingering back, neck, and leg pain. Importantly, at the time of the accident, R.M. was driving a county-owned sheriff’s vehicle on his way to business at the sheriff’s office evidence room.
S.D. immediately sued R.M. and Gordon County for the injuries he experienced. He alleged that R.M. had negligently driven his vehicle and that Gordon County was vicariously liable for R.M.’s actions. S.D.’s claims against the County were dismissed due to a failure to provide them with adequate notice, and R.M. moved for summary judgment on the claims against him, arguing that he had governmental immunity because he was in the course of his employment when the accident occurred. The trial court ultimately agreed that R.M. was entitled to governmental immunity and dismissed the claims against him. S.D. appealed.