Austin v. Clark
294 Ga. 773
| Ga. | 2014Background
- Austin alleges she was injured stepping from a sidewalk into a roadway on Peach County Schools property during a graduation event.
- She sues four school officials: Clark, Mathis, Mackey, and Sanders for negligent ministerial maintenance and inspection of the sidewalk and drainage.
- Defendants moved to dismiss under official immunity; the trial court granted, and the Court of Appeals affirmed.
- The pivotal issue is whether the officials’ actions/inactions were ministerial or discretionary duties.
- Discovery was limited; no job descriptions were in the record; the Court notes possible evidence of a laundry list of tasks could affect ministerial status, but not now.
- This Court reverses, holding the pleadings cannot show with certainty that relief would be unavailable and that dismissal was premature.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officials’ duties were ministerial | Austin argues duties were ministerial (inspecting/maintaining sidewalks) per pleadings. | Clark/Mathis/Mackey/Sanders contend duties are discretionary; immunity applies. | Question reserved; court reverses dismissal to allow discovery. |
| Whether complaint states a claim under notice pleading | Austin’s allegations, if proven, could support relief. | Official immunity bars relief absent ministerial duties. | Not resolved on motion to dismiss; complaint survives to discovery. |
| Role of discovery in resolving ministerial vs discretionary duties | Discovery may reveal concrete ministerial duties. | Limited discovery should not proceed to defeat immunity. | Discovery should be sequenced; initial focus on ministerial duties. |
Key Cases Cited
- Hennessy v. Webb, 245 Ga. 329 (1980) (official immunity framework for ministerial vs discretionary acts)
- Gilbert v. Richardson, 264 Ga. 744 (1994) (distinction between ministerial and discretionary duties)
- Common Cause/Georgia v. City of Atlanta, 279 Ga. 480 (2005) (reiterates ministerial vs discretionary duty analysis)
- Anderson v. Flake, 267 Ga. 498 (1997) (notice pleading standard in dismissal context)
- Bourn v. Herring, 225 Ga. 67 (1969) (standard for denial of dismissal under pleadings framework)
- Ga. Dept. of Transp. v. Heller, 285 Ga. 262 (2009) (ministerial duty analysis in context of governing responsibilities)