Columbus Consolidated Government v. Woody
342 Ga. App. 233
| Ga. Ct. App. | 2017Background
- Franklin Woody, a prisoner on a work detail for Columbus Consolidated Government, was welding a Columbus garbage truck when sparks ignited his jumpsuit and he was injured.
- Woody sued Columbus for personal injuries; Columbus moved for judgment on the pleadings asserting sovereign immunity.
- The trial court denied Columbus’s motion; Columbus appealed the denial.
- Relevant statutes: OCGA § 33-24-51 (authorizing municipal purchase of motor-vehicle liability insurance and describing waiver) and OCGA § 36-92-2 (establishing the extent of waiver for negligent use of a covered motor vehicle).
- In 2005 the General Assembly amended § 33-24-51(b) and enacted § 36-92-2, creating a two-tier waiver scheme: (1) an automatic/first-tier waiver for losses "arising out of claims for the negligent use of a covered motor vehicle" up to statutory limits; and (2) a second-tier waiver tied to purchased insurance exceeding those limits and linked to ownership, maintenance, operation, or use.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OCGA §§ 33-24-51(b) and 36-92-2 waive sovereign immunity for injuries occurring while performing maintenance on a covered vehicle | Woody argued the statutes waive immunity for injuries arising from work on the truck (maintenance) because prior precedent had allowed waiver for ownership, maintenance, operation, or use | Columbus argued the 2005 amendments limit the automatic waiver to injuries "arising out of the negligent use" of a covered vehicle, excluding maintenance-only injuries | Court held the statutes waive immunity only for claims arising from negligent use of a covered motor vehicle; maintenance injuries are not covered, so sovereign immunity was not waived |
Key Cases Cited
- Gates v. Glass, 291 Ga. 350 (supreme court summary of two-tier waiver scheme under OCGA § 33-24-51)
- Chamlee v. Henry County Bd. of Ed., 239 Ga. App. 183 (discussing waiver for ownership, maintenance, operation, or use under pre-2005 statute)
- Saylor v. Troup County, 225 Ga. App. 489 (defining whether injury "originated from" or "grew out of" vehicle use)
- Hewell v. Walton County, 292 Ga. App. 510 (standard of review for judgment on the pleadings)
- Gish v. Thomas, 302 Ga. App. 854 (rule that waivers of sovereign immunity are strictly construed)