Georgia Department of Corrections v. James
312 Ga. App. 190
| Ga. Ct. App. | 2011Background
- James, a state inmate, was injured May 31, 2005 at a Effingham County ball park work detail due to pouring wet concrete in rain.
- James sued the Georgia Department of Corrections (DOC) for negligence, alleging nondelegable safety and medical-care duties.
- James was housed and cared for at Effingham County Prison under a contract between the DOC and Effingham County.
- County personnel—including a maintenance coordinator, a correctional officer, and a county nurse—overseeing the work detail allegedly caused or failed to prevent injuries.
- DOC moved to dismiss claiming sovereign immunity; the trial court denied; DOC appealed.
- Appellate court reversed, holding no waiver of sovereign immunity because county employees were independent contractors and not state officers or employees under GTCA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does GTCA waives immunity for county employees? | James argues GTCA provides waiver for state officers/employees. | DOC contends counties/independent contractors are excluded from GTCA. | GTCA does not waive immunity for counties/independent contractors. |
| Are Effingham County personnel state officers or employees? | James claims county personnel acted on behalf of the state. | DOC asserts no DOC employee acted; county staff were independent contractors. | County personnel were independent contractors, not state officers or employees. |
| Does independent contractor defense bar the action? | James asserts nondelegable duties by the state. | DOC relies on independent contractor defense under GTCA. | Effingham County functioned as independent contractor; GTCA does not waive immunity. |
| Do borrowed-servant or nondelegable-duty theories save the claim? | James cites borrowed-servant doctrine and nondelegable duties. | DOC disclaims applicability of borrowed-servant and nondelegable-duty theories. | Borrowed-servant doctrine not shown; nondelegable-duty argument rejected. |
Key Cases Cited
- Summerlin v. Ga. Pines Community Svc. Bd., 286 Ga. 593 (2010) (borrowed servants included as state employees for GTCA purposes)
- Johnson v. Ga. Dept. of Human Resources, 278 Ga. 714 (2004) (independent contractors/corporations excluded from GTCA immunity waiver)
- Dept. of Veterans Svcs. v. Robinson, 244 Ga.App. 878 (2000) (state contract with independent operator; GTCA waiver not extended)
- Currid v. DeKalb State Court Probation Dept., 285 Ga. 184 (2009) (GTCA does not implicitly waive immunity for counties)
- Coosa Valley Technical College v. West, 299 Ga.App. 171 (2009) (independent contractor status bars GTCA immunity waiver)