CITY OF HAPEVILLE Et Al. v. GRADY MEMORIAL HOSPITAL CORPORATION, 328 Ga. App. 332

Grady Memorial Hospital sued the City of Hapeville and its Police Department seeking $81,694.74 for medical treatment provided to four prisoners in the City's custody.
The City moved to dismiss, asserting sovereign immunity from suit.
The trial court denied the motion, finding OCGA § 42-5-2 waived sovereign immunity for medical providers seeking payment, aligning with Cherokee County v. North Cobb Surgical Assoc. and Macon-Bibb County precedent.
The City appealed the denial of its immunity defense.
The Court of Appeals reviewed the denial de novo and assumed the City had custody of the prisoners when treatment was rendered.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether OCGA § 42-5-2 waives sovereign immunity for municipal jailers so a medical provider may sue for payment	Grady: § 42-5-2 creates a statutory duty to pay medical expenses and thus an express waiver permitting a money-judgment suit	City: Municipalities are treated differently for immunity; § 42-5-2 waivers recognized for State/counties do not necessarily apply to municipal corporations	The court held § 42-5-2 covers inmates to whom OCGA § 42-4-1 et seq. applies and concludes the legislative waiver extends to municipal jailers; denial of City's motion affirmed

Cherokee County v. North Cobb Surgical Assoc., 221 Ga. App. 496 (discussing county liability under OCGA § 42-5-2)
Macon-Bibb County Hosp. Auth. v. Houston County, 207 Ga. App. 530 (holding legislature's enactment of OCGA § 42-5-2 waived county sovereign immunity for medical expenses)
Ga. Dept. of Natural Resources v. Center for a Sustainable Coast, Inc., 294 Ga. 593 (statutory waivers of sovereign immunity must create a specific right to a money judgment)
City of Atlanta v. Mitcham, 325 Ga. App. 481 (discussing municipal immunity framework under OCGA § 36-33-1)