Pak v. Georgia Department of Behavioral Health & Developmental Disabilities
317 Ga. App. 486
| Ga. Ct. App. | 2012Background
- Chin Pak sued the Georgia Department of Behavioral Health & Developmental Disabilities for wrongful death of his mother, Myong Hui Pak.
- Myong Hui Pak died from burn injuries inflicted by her adult daughter, Na Yong Pak, after discharge from GRH, a DBHDD facility.
- DBHDD moved to dismiss, asserting sovereign immunity; trial court granted dismissal; appeal followed.
- Georgia law waives sovereign immunity for torts only under the Georgia Tort Claims Act, OCGA § 50-21-23, with enumerated exceptions in OCGA § 50-21-24.
- The key exception at issue is the assault and battery exception, OCGA § 50-21-24 (7), covering losses from torts like assault and battery regardless of who commits the act.
- Georgia Supreme Court precedent (Youngblood) holds that if the underlying loss results from an assault or battery, immunity does not extend to prior negligence claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the assault and battery exception applies | Loss resulted from battery by Na Yong Pak; immunity waived. | Underlying loss was caused by murder/other acts not within the exception's scope. | Yes; the loss was caused by an assault/battery, so immunity was waived. |
| Whether Youngblood controls this case | Youngblood supports waiver where underlying act is a battery. | Heller may alter application; distinguishable from Youngblood. | Youngblood controls; cannot be overruled by this court. |
| Whether the court can interpret the statute to include murder within assault or battery | Legislature did not intend to include murder under the assault/battery clause. | The act causing the loss is the focus, not the type of government action. | Court rejects argument; battery/the act of setting fire is within the exception. |
Key Cases Cited
- Youngblood v. Gwinnett Rockdale Newton Community Svc. Bd., 273 Ga. 715 (2001) (underlying battery triggers immunity waiver for related negligence claims)
- Heller v. Dept. of Public Safety, 285 Ga. 262 (2009) (distinguishes multiple causation strands; not controlling here)
- Ardizonne v. Dept. of Human Resources, 258 Ga. App. 858 (2002) (immunity protection where victim fatally wounded by released offender)
- Southerland v. Ga. Dept. of Corrections, 293 Ga. App. 56 (2008) (immunity applicable where victim killed by cellmate)
- Coley v. Dept. of Human Resources, 247 Ga. App. 392 (2000) (DHR entitled to sovereign immunity where victim later killed by another)
- Dept. of Human Resources v. Hutchinson, 217 Ga. App. 70 (1995) (immunity protection where juvenile placed in care harmed by another)