EFFINGHAM COUNTY v. Rhodes
307 Ga. App. 504
| Ga. Ct. App. | 2010Background
- Rhodes sued Effingham County and Commissioner Myra Lewis after a three-foot hole in the roadway allegedly caused by county utilities; Rhodes alleged negligent maintenance and warning for a known hazard.
- County and Lewis moved for summary judgment on sovereign immunity; the trial court denied the motion; this interlocutory appeal followed.
- Record evidence did not establish that a county vehicle caused the hole, only Rhodes’s unsupported allegation linking county utilities to the hole.
- Rhodes argued that OCGA § 36-92-2 and related waiver provisions apply due to use of a covered motor vehicle and county liability insurance; the record lacked evidence of any county vehicle involvement or waiver evidence.
- Rhodes bore the burden to prove waiver of sovereign immunity by the county’s liability insurance purchase, as no evidence showed waiver (Spalding County v. Blanchard).
- The court also addressed Lewis in her official and individual capacities, concluding (a) official-capacity claims are against the county and thus require waiver; (b) Lewis in her individual capacity enjoys official/qualified immunity because the acts were discretionary and no ministerial procedures existed; summary judgment in favor of Lewis was warranted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sovereign immunity waiver exists? | Rhodes contends waiver via insurance and §36-92-2. | County/Lewis show no waiver evidence in record. | Waiver not shown; immunity applies. |
| Liability of Lewis in official capacity? | Rhodes seeks relief against Lewis in her official capacity. | Suit is effectively a claim against the County; no waiver shown. | Lewis entitled to summary judgment in official capacity. |
| Liability of Lewis in individual capacity? | Rhodes alleges personal negligence. | Actions discretionary; no ministerial duty; official immunity applies. | Lewis entitled to summary judgment in individual capacity. |
Key Cases Cited
- Spalding County v. Blanchard, 275 Ga.App. 448 (Ga.App. 2005) (burden on waiver of sovereign immunity lies with the claimant)
- Banks v. Happoldt, 271 Ga.App. 146 (Ga.App. 2004) (official capacity immunity and discretion in road decisions)
- Hennessy v. Webb, 245 Ga.4 329 (Ga. 1980) (discretionary vs ministerial acts for official immunity)
- Brown v. Taylor, 266 Ga.App. 176 (Ga.App. 2004) (absence of formal policy; road maintenance discretionary)
- Kordares v. Gwinnett County, 220 Ga.App. 848 (Ga.App. 1996) (absence of procedure directing inspections; discretionary)