Jones v. Allen
312 Ga. App. 762
Ga. Ct. App.2011Background
- M.J., a minor, was treated at MCG Children’s Medical Center after transfer for life-threatening condition.
- Plaintiffs Kenneth Jones and Clara Ramon sue Dr. Allen, Dr. Shekhawat, and Dr. Mathews for medical malpractice and seek declaratory relief.
- Trial court dismissed Dr. Allen on official immunity and granted summary judgment for Shekhawat and Mathews on qualified immunity.
- Joneses appeal challenging both the dismissal and the summary judgments.
- Court holds: (i) Shekhawat and Mathews not entitled to qualified immunity; (ii) Allen entitled to official immunity; (iii) Bonner and Nelson extend to Dr. Allen as a fellow; and (iv) GTCA and immunity framework govern; leases and insurance issues do not waive immunity.
- MCGHI lease and intergovernmental arrangements do not waive immunity; insurance waiver under the 1991 amendment does not apply to actions accrued after 1991.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Shekhawat and Mathews are entitled to qualified immunity | Keenan factors show scope within government employment | Acting within employment scope; governmental considerations relevant | Not entitled; genuine issues on scope; summary judgment reversed |
| Whether Allen is entitled to official immunity | N/A or inadequate to defeat immunity | As a fellow, status and duties may still be state employment; official immunity applies | Entitled to official immunity; dismissal affirmed |
| Whether lease with MCGHI or related agreements waive immunity | Leases could operate as waiver | Intergovernmental agreements do not waive immunity; language preserves immunity | Apply Bonner and Nelson; Allen entitled to immunity as state employee |
| Whether 1991 GTCA insurance-waiver amendment applies | Insurance coverage may waive immunity | Amendment removed insurance waiver; GTCA controls | Does not apply to accrual after January 1, 1991; immunity remains intact |
Key Cases Cited
- Keenan v. Plouffe, 267 Ga. 791 (1997) (scope of employment factors for immunity analysis)
- Bonner v. Peterson, 301 Ga. App. 443 (2009) (resident status; control by attending physicians; governmental considerations)
- Nelson v. Bd. of Regents &c., 307 Ga. App. 220 (2010) (fellow status; immunity extension)
- Porter v. Guill, 298 Ga. App. 782 (2009) (Medicaid guidelines affecting government resource considerations)
- Howard v. City of Columbus, 239 Ga. App. 399 (1999) (physician not immune by virtue of public employment when treating patient)
- Jackson v. Miller, 176 Ga. App. 220 (1985) (physician not entitled to qualified immunity due to primary duty to patient)
- Gargiulo v. Ohar, 239 Va. 209 (1990) (fellow immunity where no private-pay relationship)