Bomia v. Ben Hill County School District
2013 Fulton County D. Rep. 791
Ga. Ct. App.2013Background
- Bomia, a school bus driver for the School District, was involved in a January 2009 accident but did not report it to police because she deemed the damage minor.
- Dopson, the transportation director, reported the accident to the sheriff and sought a police report copy.
- The sheriff issued a traffic citation to Bomia for failing to report an accident; a criminal warrant application was prepared but later dismissed; Bomia was not arrested.
- The School District terminated Bomia for rule violations related to failing to report and leaving the scene and obtained a $1,000 judgment against her in a separate suit.
- Bomia sued the District and Dopson for malicious prosecution, false arrest, and wrongful discharge, asserting immunity defenses; the trial court granted summary judgment to the defendants.
- On appeal, the court reviews the facts de novo to determine whether immunity bars the claims and affirms the trial court’s judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sovereign immunity bars Bomia’s claims against the School District and Dopson. | Bomia contends immunity does not bar the claims. | District and Dopson argue sovereign immunity applies and waivers do not exist. | Yes, sovereign immunity bars the claims. |
| Whether the School District waived immunity by insurance coverage. | Bomia asserts insurance coverage waives immunity up to policy limits. | District did not show insurance or applicable waiver. | No waiver established; immunity preserved. |
| Whether Dopson is entitled to official (qualified) immunity in her individual capacity. | Bomia claims discretionary acts with malice. | Dopson lacked malice; no ministerial duties shown; acts were discretionary. | Yes, Dopson entitled to official immunity. |
Key Cases Cited
- Campbell v. Landings Assn., 289 Ga. 617 (Ga. 2011) (de novo review on summary judgment under Moore v. Campbell framework)
- Ga. Dept. of Corrections v. James, 312 Ga. App. 190 (Ga. App. 2011) (burden on waiver of immunity; plaintiff bears burden)
- Coffee County School Dist. v. Snipes, 216 Ga. App. 293 (Ga. App. 1995) (school districts have sovereign immunity; exceptions require explicit waiver)
- Cameron v. Lang, 274 Ga. 122 (Ga. 2001) (official capacity suits are suits against the State; sovereign immunity applies)
- Gilbert v. Richardson, 264 Ga. 744 (Ga. 1994) (official capacity immunity considerations)
- Murphy v. Bajjani, 282 Ga. 197 (Ga. 2007) (definition of discretionary acts and immunity standard)
- Grammens v. Dollar, 287 Ga. 618 (Ga. 2010) (ministerial duty requires definite, absolute action)
- Woodard v. Laurens County, 265 Ga. 404 (Ga. 1995) (waiver of immunity under motor vehicle tort claims may apply only to specific uses)
- Tittle v. Corso, 256 Ga. App. 859 (Ga. App. 2002) (GTCA waiver limitations under sheriff/deputy context)
- Teston v. Collins, 217 Ga. App. 829 (Ga. App. 1995) (sovereign immunity bar where no waiver shown)