319 Ga. App. 250
Ga. Ct. App.2012Background
- Savko sued Hart County deputy Ankerich and Sheriff Cleveland in official capacities, seeking damages for injuries from a traffic collision where Ankerich was directing traffic.
- Savko served State Farm and Nationwide as uninsured/underinsured motorist carriers on the complaint.
- Savko sought summary judgment on whether sovereign immunity was waived by Hart County’s purchase of liability insurance under OCGA § 33-24-51.
- The patrol car was parked about 18 feet from the intersection; blue lights were active, and Ankerich directed traffic from the intersection with reflective gear.
- The trial court denied summary judgment on immunity, finding issues of ‘use’ for a jury to decide, and also denied Savko’s UM/coverage-related motions.
- The appellate court held the patrol car was not in ‘use’ for sovereign immunity waiver, reversed the immunity denial, and affirmed denial of Savko’s UM coverage motions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was sovereign immunity waived by insurance due to use of the patrol car? | Savko argues use occurred via patrol car as vehicle. | Ankerich contends no use, car not actively serving as a vehicle. | No waiver; patrol car not in use for immunity purposes. |
| Are Savko’s UM claims triggered by the use of Ankerich’s patrol car? | Savko contends UM coverage should apply because use of the patrol car caused injury. | Ankerich/Nationwide/State Farm argue no use, no UM trigger. | UM coverage not triggered; use not established. |
Key Cases Cited
- Gish v. Thomas, 302 Ga. App. 854 (2010) (use of vehicle must originate from vehicle use; not mere presence or ancillary use)
- Williams v. Whitfield County, 289 Ga. App. 301 (2008) (static equipment on roadside does not constitute use)
- Saylor v. Troup County, 225 Ga. App. 489 (1997) (inactive vehicle not in use negates immunity waiver)
- Tittle v. Corso, 256 Ga. App. 859 (2002) (patrol car not in use, insurance purchase does not waive immunity)
- Rampell v. Williams, 217 Ga. App. 292 (1995) (causation required; use must be actual source of injury)
- Simmons v. Coweta County, 229 Ga. App. 550 (1997) (insurance procurement does not by itself waive immunity)
- Abercrombie v. Ga. Farm Bureau Mutual Ins. Co., 216 Ga. App. 602 (1995) (causation requirement for UM coverage linkage to use)