Georgia Department of Corrections v. Grady Memorial Hospital Corporation D/B/A Grady Health System
333 Ga. App. 315
Ga. Ct. App.2015Background
- HOSPITAL provided emergency medical care to Hood, an inmate moving from DOC custody to Douglas County under a court order.
- Hood was injured while housed in the Douglas County Jail on August 11, 2008 and treated at Grady Memorial Hospital.
- Custody of Hood was transferred from the DOC to the Douglas County Sheriff pursuant to a superior court production order.
- DOC and Douglas County moved for summary judgment on sovereign immunity; Douglas County also challenged notice under OCGA 36-11-1.
- Trial court denied summary judgments; the Hospital appealed arguing immunity waiver under OCGA 42-5-2 and notice compliance under OCGA 36-11-1.
- appellate court reversed the judgments on sovereign immunity and notice grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sovereign immunity waiver under OCGA 42-5-2 relevant? | Hospital; Hood’s custody under county not DOC at injury; statute waives costs when custody transferred. | DOC not physically custody; no waiver under 42-5-2. | No waiver; DOC entitled to summary judgment on immunity. |
| Was Hood in DOC custody when injured and treated? | Hood injured while in Douglas County Jail; potential waiver if custody remained with DOC. | Custody had been transferred to Douglas County Sheriff; 42-5-2 not triggered. | Custody transfer aligns with no waiver under 42-5-2. |
| Did Hospital comply with the notice requirement of OCGA 36-11-1? | Hospital provided several documents suggesting notice. | Unauthenticated documents; no formal, written notice shown to Douglas County. | Douglas County entitled to summary judgment for lack of proper written notice. |
| Is unauthenticated or informal notice sufficient under OCGA 36-11-1? | Court should consider substantial compliance. | Only formal, written notice suffices; burden on Hospital to prove notice. | No substantial compliance; notice invalid. |
Key Cases Cited
- Warnell v. United Government of Athens‑Clarke County, 328 Ga. App. 903 (2014) (summary judgment de novo review; standard applied to immunity and notice issues)
- DeKalb County v. Kirkland, 329 Ga. App. 262 (2014) (immunity waiver analysis; burden on party asserting waiver)
- Ga. Dept. of Nat. Res. v. Center for a Sustainable Coast, 294 Ga. 593 (2014) (statutory interpretation and waiver concepts in regulatory actions)
- Doyal v. Dept. of Transp., 142 Ga. App. 79 (1977) (written notice requirement principles for government claims)