Gates v. Glass, 291 Ga. 350

The Court granted certiorari to decide if the broad definition of “any motor vehicle” in OCGA § 33-24-51(a) remains controlling after the 2002 amendment and the creation of OCGA § 36-92-1 et seq.
Glass and Smith, inmates on road detail, used tractors with bush hogs; Smith’s bush hog struck Glass, causing Glass’s death.
Plaintiffs (Glass’s minor son and estate) sued the county and Gates for wrongful death/survivor claims.
The county argued sovereign immunity was not waived because it did not cover the tractors and bush hogs under the relevant statutes, and that insurance did not trigger a waiver.
The trial court granted summary judgment for the county; the Court of Appeals reversed, applying the broader definition of motor vehicle for waiver.
This Court affirms, concluding a two-tier waiver scheme governs sovereign immunity with respect to local-government motor-vehicle accidents.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does OCGA § 33-24-51(b) use the broader motor-vehicle definition for waiver when excess insurance is purchased?	Glass argues the broad definition applies under § 33-24-51(b).	Gates/County contend § 36-92-1 et seq. controls with a narrow definition.	Yes; broad definition applies under the two-tier scheme.
Is there a two-tier scheme for sovereign-immunity waivers applicable to local governments’ motor-vehicle accidents?	Plaintiffs say waivers attach via § 33-24-51(b) when over-insurance is purchased.	County argues only the § 36-92-1 et seq. limits matter.	There is a two-tier scheme: § 36-92-1 et seq. waives up to limits; § 33-24-51(b) waives beyond limits up to insured amount.
When insurance coverage exceeds § 36-92-2 limits, does waiver extend to the insured amount and apply the broad definition of ‘motor vehicle’?	Waiver extends to the insurance coverage if over the § 36-92-2 limits.	Waiver is limited to prescribed limits unless § 33-24-51(b) applies.	Waiver extends to the amount of insurance purchased beyond § 36-92-2, applying the broad definition.

Georgia Dept. of Revenue v. Owens Corning, 283 Ga. 489 (Ga. 2008) (defines scope when legislature could have narrowed motor-vehicle definition)
Crider v. Zurich Ins. Co., 222 Ga. App. 177 (Ga. App. 1996) (broader ‘any motor vehicle’ encompasses non-road vehicles like backhoes)