Glass v. Gates
311 Ga. App. 563
| Ga. Ct. App. | 2011Background
- Glass, an inmate, died on a prison work detail supervised by Gates; plaintiffs sued the County and Gates for wrongful death and survival.
- County immunity and Gates official immunity were asserted; trial court granted summary judgment.
- Two main questions: (a) whether the waiver under OCGA § 33-24-51(b) uses the OCGA § 36-92-1 motor-vehicle definition; (b) whether Gates acted ministerially or discretionary.
- Pre-2002 Act: 36-92 definitions could narrow the waiver; 2002 Act created Chapter 92, but definition for second sentence remains broader.
- Court vacated and remanded on waiver issue; material-fact dispute remained regarding Gates’s ministerial versus discretionary conduct.
- Evidence included unwritten departmental policy and Gates’s statements suggesting a ministerial duty, creating fact issues for trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 'any motor vehicle' definition in OCGA 33-24-51(a) is narrowed by 36-92-1(6). | Glass argues Crider/McDuffie show broad scope for 'any motor vehicle.' | County urges the 2002 Act narrowed the term to 36-92-1(6) as to waiver. | Definition remains broad; apply pre-2002 precedent and remand for insurance coverage analysis. |
| Whether Gates performed a ministerial or discretionary act. | Gates violated a county policy mandating contacting the work camp for assistance. | Gates acted with discretion in supervision. | Gates's ministerial status disputed; material fact for trial; summary judgment reversed in part. |
Key Cases Cited
- Crider v. Zurich Ins. Co., 222 Ga.App. 177 (1996) (broadly defined 'any motor vehicle' under OCGA 33-24-51(b))
- McDuffie v. Coweta County, 299 Ga.App. 500 (2009) (tractor with bush hog covered if insured)
- Simmons v. Coweta County, 229 Ga.App. 550 (1997) (tractor with bush hog qualifies as 'motor vehicle' under OCGA 33-24-51)
- Coweta County v. Simmons, 269 Ga. 694 (1998) (reaffirmed broad scope of 'any motor vehicle')
- Williams v. Whitfield County, 289 Ga.App. 301 (2008) ( Caterpillar excavator qualifies as 'motor vehicle')
- Grammens v. Dollar, 287 Ga. 618 (2010) (ministerial vs discretionary; policy existence matters)
- Parrish v. State of Ga., 270 Ga. 878 (1999) (supervisor may have discretionary duty in certain contexts)
- Cameron v. Lang, 274 Ga. 122 (2001) (remedial aim to end inconsistent waiver results)
- Hewell v. Walton County, 292 Ga.App. 510 (2008) (recognizes insurance-based waiver under OCGA 33-24-51(b))
- Parker v. Lee, 259 Ga. 195 (1989) (statutory construction: harmonize with existing decisions)