JOBLING Et Al. v. SHELTON
334 Ga. App. 483
| Ga. Ct. App. | 2015Background
- On January 14, 2011 Karli Jobling died in a car crash on Stilesboro Road, Cobb County; plaintiffs are her parents and estate administrators (the Joblings).
- Bill Shelton was the Cobb County road maintenance division manager; he oversaw crews and prioritized responses to weather-related road hazards but did not personally monitor all reports.
- A major snowstorm on January 9 left widespread ice; county procedures prioritized primary roads first; Stilesboro was a secondary road and received multiple treatments between Jan. 9–14.
- County records show work orders and two citizen e-mails reporting ice on Stilesboro Road on Jan. 12 and on Jan. 14 (one at 1:17 p.m.; another at 6:26 p.m., 41 minutes before the crash).
- Shelton testified he did not receive or see the Jan. 14 e-mails until after the accident (they were forwarded to him during the post-accident investigation); website monitoring was under another manager’s supervision.
- The trial court granted Shelton dismissal/summary judgment; the Court of Appeals affirmed, holding sovereign immunity bars official-capacity claims and official (qualified) immunity protects Shelton personally because no ministerial duty was shown.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sovereign immunity bars official-capacity claims | Joblings sued Shelton in official capacity but contend waiver applies | Shelton: county official; sovereign immunity applies absent waiver | Sovereign immunity protects Shelton in his official capacity; no waiver shown — affirmed |
| Whether Shelton is personally liable (official/qualified immunity) | Shelton breached a ministerial duty by failing to respond to known ice reports on Jan. 14 and by not supervising/monitoring website | Shelton’s actions (prioritization, allocation) were discretionary; he had no actual notice of the specific hazard before the crash; website monitoring supervised by another | Shelton entitled to official immunity: no evidence he had actual notice or violated a clear policy creating a ministerial duty — summary judgment affirmed |
| Whether Shelton had actual notice of the hazard (creates ministerial duty) | The Jan. 14 e-mails and work orders create a factual dispute as to Shelton’s notice | Shelton testified he did not receive or see the e-mails before the accident; records show they were forwarded later | No genuine issue: uncontradicted testimony shows Shelton lacked actual notice pre-accident; plaintiffs failed to produce contradictory admissible evidence — no ministerial duty |
| Whether Shelton had a ministerial duty to monitor the CDOT website | Joblings argue Shelton failed to ensure website was monitored during storm | Shelton testified website monitoring was handled by traffic operations manager (not him) | No genuine issue: Shelton had no obligation to monitor the website; no ministerial duty established |
Key Cases Cited
- Ratliff v. McDonald, 326 Ga. App. 306 (county employees sued in official capacity protected by sovereign immunity)
- Gilbert v. Richardson, 264 Ga. 744 (sovereign immunity principles under Ga. Const.)
- Cameron v. Lang, 274 Ga. 122 (qualified/official immunity protects discretionary actions absent willfulness, malice, corruption)
- Roper v. Greenway, 294 Ga. 112 (ministerial duty may be established by clear written/unwritten policy or directive)
- Nelson v. Spalding County, 249 Ga. 334 (actual notice of hazardous condition can create a ministerial duty to act)