Griswold v. Collins
318 Ga. App. 556
Ga. Ct. App.2012Background
- Griswold sued Collins (B.G.’s teacher) for assault, battery, and negligence per se based on Collins’s classroom discipline of B.G.
- The trial court granted Collins summary judgment on immunity and on negligence per se; Griswold appeals.
- Three incidents in fall 2009 form Griswold’s claim: two hits with rulers to B.G.’s leg and neck, and one time-out during which Collins allegedly grabbed and choked B.G.’s collar.
- B.G. testified Collins choked her for two to three minutes on one occasion, and left red marks and a broken necklace; Collins disputes some incidents and claims a non-punitive purpose for touching.
- Disputes over credibility and whether Collins’s actions exceeded permissible classroom discipline create factual questions.
- The court addresses official immunity, immunity under OCGA § 20-2-1000(b), and the viability of a negligence per se claim under the cited statutes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Collins is entitled to official immunity | Griswold argues facts show malice/wilfulness defeating immunity. | Collins argues discretionary acts with potential immunity; malice questions preclude summary judgment. | Questions of fact preclude summary judgment on immunity. |
| Whether Collins is immune under OCGA § 20-2-1000(b) | Griswold’s claims fall outside immunity due to alleged misconduct. | OCGA § 20-2-1000(b) provides immunity absent willful misconduct; questions of fact as to willfulness apply. | Fact questions preclude summary judgment on this immunity defense. |
| Whether Collins’s conduct violated OCGA corporal punishment statutes (negligence per se) | Griswold asserts Collins’s actions violated corporal punishment statutes. | Statutes govern district policy, not teacher actions; no per se violation. | Collins is entitled to summary judgment on negligence per se claim. |
Key Cases Cited
- Stolte v. Hammack, 311 Ga. App. 710 (2011) (summary judgment standard and deference to nonmovant on appeal)
- McDowell v. Smith, 285 Ga. 592 (2009) (official immunity framework for public agents)
- Gamble v. Ware County Bd. of Ed., 252 Ga. App. 819 (2002) (discretionary acts by teachers in supervision)
- Chamlee v. Henry County Bd. of Ed., 239 Ga. App. 183 (1999) (discretionary acts even where policies were violated)
- Daniels v. Gordon, 232 Ga. App. 811 (1998) (reasonable physical force in classroom discipline)
- Porter v. Massarelli, 303 Ga. App. 91 (2010) (witness credibility and fact-finder role)
- Quarles v. Quarles, 285 Ga. 762 (2009) (credibility determinations are for the factfinder)
- Chancey v. Peachtree Pest Control Co., 288 Ga. App. 767 (2007) (negligence per se requirements; statutory duties)
- Adams v. Hazelwood, 271 Ga. 414 (1999) (malice/wilfulness standard for liability)
- Chrysler Corp. v. Batten, 264 Ga. 723 (1994) (definition of wilful conduct in tort immunity context)