Cosby v. Lewis
308 Ga. App. 668
Ga. Ct. App.2011Background
- Richard Lewis III died by drowning after accompanying ROTC students on a trip; Cosby and Robbins were chaperones employed by Hancock Central High School.
- Lewises filed a wrongful-death action against the school district and employees in official and individual capacities; district and superintendent answered timely, but Cosby and Robbins answered late.
- Trial court dismissed claims against Cosby and Robbins in official capacities but entered default judgments against them in their individual capacities for late answer.
- Cosby and Robbins moved to set aside the default judgment, invoking official immunity, sovereign immunity, lack of personal jurisdiction, and excusable neglect to open the default.
- The trial court later held Cosby and Robbins entitled to official immunity only in official capacity and found service of process proper; default opened was denied; interlocutory appeal granted.
- Georgia Court of Appeals reversed, holding official immunity is an entitlement, not merely a defense, and remanded to determine whether acts were ministerial or discretionary; service of process found to be perfected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether default should be vacated given official immunity | Lewises argue no immunity and default valid. | Cosby/Robbins entitled to official immunity; default wrong. | Remanded for threshold ministerial/discretionary analysis; reversed default denial. |
| Whether service of process was properly perfected to establish personal jurisdiction | Service valid; process server authorized; jurisdiction proper. | Service deficient due to service issues. | Service of process perfected; trial court not mistaken. |
Key Cases Cited
- Cameron v. Lang, 274 Ga. 122 (2001) (official immunity is a threshold entitlement)
- Russell v. Barrett, 296 Ga.App. 114 (2009) (official immunity limits personal liability; determine immunity early)
- Newsome v. Johnson, 305 Ga.App. 579 (2010) (service of process and jurisdiction principles)
- Jacobson v. Garland, 227 Ga.App. 81 (1997) (affidavits and process server authority evidence)
- Fink v. Dodd, 286 Ga.App. 363 (2007) (default judgments and defenses; viability to challenge)
- Capra v. Rogers, 200 Ga.App. 131 (1991) (service and process distinctions; jurisdictional concerns)