Peach County School District v. Austin
322 Ga. App. 368
Ga. Ct. App.2013Background
- Plaintiff Donna Austin sued Peach County School District and five school officials after she fell when her leg caught in a drainage opening at the curb while leaving a high-school graduation ceremony.
- Defendants moved to dismiss: district invoked sovereign immunity; individual employees invoked official (qualified) immunity.
- Trial court denied dismissal as to the school district but granted dismissal as to the individual defendants.
- The school district appealed the denial (Case No. A13A0517); Austin appealed the dismissal of the individual defendants (Case No. A13A0625).
- The appellate court considered whether the district waived sovereign immunity (by insurance or otherwise) and whether the alleged duties of inspection/repair were ministerial or discretionary for official-immunity purposes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether school district is subject to suit or protected by sovereign immunity | Austin: district waived sovereign immunity by purchasing liability insurance | District: county school districts are protected by sovereign immunity absent a specific legislative waiver | Court: sovereign immunity bars suit against the school district; no legislative waiver shown and insurance alone does not waive immunity |
| Whether individual school officials are personally liable (official/qualified immunity) | Austin: officials negligently failed to inspect, maintain, repair curb/drain (ministerial duties) | Officials: duties were discretionary; thus qualified immunity applies | Court: duties were discretionary (no clear procedures cited); officials entitled to official immunity; dismissal affirmed |
Key Cases Cited
- Gilbert v. Richardson, 264 Ga. 744 (establishes sovereign immunity extends to state departments and agencies)
- Dollar v. Dalton Pub. Schs., 233 Ga. App. 827 (existence of liability insurance does not waive school district sovereign immunity)
- Crisp Cnty. Sch. Sys. v. Brown, 226 Ga. App. 800 (school system liability policy does not effect constitutional waiver of sovereign immunity)
- Bomia v. Ben Hill Cnty. Sch. Dist., 320 Ga. App. 423 (sovereign immunity is a privilege subject to legislative waiver; burden on party asserting waiver)
- Cameron v. Lang, 274 Ga. 122 (defines official/qualified immunity and threshold analysis)
- Scott v. Waits, 306 Ga. App. 860 (absence of clear procedures makes hazard remediation discretionary)
- Golden v. Vickery, 285 Ga. App. 216 (school administrators’ hazard-inspection/abatement functions are discretionary absent specific procedures)
- Hemak v. Houston Cnty. Sch. Dist., 220 Ga. App. 110 (school officials entitled to official immunity for discretionary repair decisions)
- Whitfield v. Brown, 318 Ga. App. 391 (discussion of ministerial vs. discretionary acts for government employees)