Hendricks v. DUPREE
311 Ga. App. 96
| Ga. Ct. App. | 2011Background
- Dupree injured May 5, 2007 when his ATV hit a concrete culvert on the grassy shoulder of Antioch Church Road; visibility was impeded by tall grass.
- Clinch County Roads Department, headed by Hendricks as Roads Superintendent, was responsible for shoulder maintenance and mowing along county roads.
- The department began annual grass cutting in June and paused by late September/early October; the last prior cut in the area was October 2006.
- There was no county manual or policy governing how grass cutting should be performed or the height to which grass should be mowed.
- Hendricks supervised the crew and allocated resources, but did not receive directives from the county commission regarding grass cutting.
- Dupree sued Hendricks personally for official-immunity-lacking supervision and for county liability; the trial court granted summary judgment to the county but denied Hendricks'.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hendricks enjoys official immunity. | Dupree argues supervision of discretionary grass cutting is ministerial after decision to cut. | Hendricks contends the act is discretionary and immune from suit. | Hendricks is immune; discretionary act doctrine applies. |
| Whether Kennedy v. Mathis controls immunity on grass-cutting duties. | Dupree relies on Mathis to treat supervision of ministerial grass-cutting as ministerial. | Kennedy, with no policy on timing/method, makes grass cutting discretionary; Mathis not controlling. | Kennedy aligns; task is discretionary; immunity applies. |
Key Cases Cited
- Hood v. Todd, 287 Ga. 164 (2010) (de novo review for summary-judgment-denial on immunity)
- Grammens v. Dollar, 287 Ga. 618 (2010) (public-employer immunity for ministerial vs discretionary acts)
- Mathis v. Nelson, 79 Ga.App. 639 (1949) (supervision of ministerial road-work is ministerial)
- Coffey v. Brooks County, 231 Ga.App. 886 (1998) (discretionary nature of supervisory acts)
- Rowe v. Coffey, 270 Ga. 715 (1999) (reaffirmed discretion in performance of road-works)
- Kennedy v. Mathis, 297 Ga.App. 295 (2009) (grass-cutting along road discretionary without policy)
- Wendelken v. JENK LLC, 291 Ga.App. 30 (2008) (official immunity framework)