Pelham v. Board of Regents of University System
321 Ga. App. 791
Ga. Ct. App.2013Background
- Pelham sues the Board of Regents for injuries sustained at Georgia Southern football spring practice.
- Coach Hatcher ordered players to fight in two lines with no rules; participation tied to scholarships/team status.
- Pelham suffered severe knee/leg injuries from a fight initiated by coach-directed pairing.
- Pelham pleads negligence and negligence per se under respondeat superior and hazing statute OCGA § 16-5-61.
- Board moves to dismiss under GTCA sovereign immunity-except assault and battery; trial court grants dismissal.
- Appellate court affirms, holding assault and battery exception bars all claims and that hazing statute does not waive immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does OCGA § 16-5-61 waive sovereign immunity? | Pelham relies on hazing statute as waiver. | OCGA § 16-5-61 is a criminal statute with no waiver. | No waiver; GTCA governs claims. |
| Does assault and battery exception bar negligence claims? | Claims not within assault/battery because act was hazing. | Underlying act is assault/battery, so immunity applies. | Yes, assault and battery exception bars negligent claims. |
| Does assault and battery exception apply to negligent training/supervision claims? | Exception doesn't apply to supervision/training claims. | Focus is on underlying act, not the label of the claim. | Yes; exception applies to negligent training/supervision as it arises from the assault. |
Key Cases Cited
- Pak v. Ga. Dept. of Behavioral Health & Developmental Disabilities, 317 Ga. App. 486 (2012) (assault/battery focus on act causing loss, not the duty breached)
- Youngblood v. Gwinnett Rockdale Newton Community Svc. Bd., 273 Ga. 715 (2001) (focus on underlying assault/battery regardless of who committed it)
- Davis v. Standifer, 275 Ga. App. 769 (2005) (assault/battery exception extends beyond state officers' acts)
- Ga. Dept. of Corrections v. James, 312 Ga. App. 190 (2011) (statutory waiver not implied; hazing statute not waiver)
- Currid v. DeKalb State Court Probation Dept., 285 Ga. 184 (2009) (implied waivers of immunity are disfavored)