318 Ga. App. 426
Ga. Ct. App.2012Background
- Danny and Gwenell Ray sue City of Griffin and Officer Mathews for injuries from a collision caused during a suspect pursuit.
- Rays plead both individual and official-capacity claims against Mathews; they later dismiss Mathews in his individual capacity.
- Trial court dismissed Mathews under OCGA § 36-92-3 and granted summary judgment to the City under OCGA §§ 40-6-6 and 24-9-85(b).
- Court agrees that § 36-92-3 forecloses Rays’ recovery against Mathews in his official capacity, but reverses the City’s summary judgment on the § 40-6-6(d)(2) issue.
- SOPs showed restrictions on pursuits and warning procedures; Rays produced affidavits/depositions claiming reckless disregard by Mathews, while City/Mathews relied on SOP compliance.
- Trial court relied on contradictory affidavits to apply OCGA § 24-9-85(b), but this Court holds such contradictions involve nonparty credibility questions for the jury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 36-92-3 bars Rays’ recovery against Mathews in his official capacity | Rays contend Mathews is not liable under the statute. | Mathews is immune in official capacity under § 36-92-3. | Dismissal of Mathews in official capacity affirmed; immunity applies. |
| Whether genuine issues exist on reckless disregard under § 40-6-6(d)(2) to support proximate causation | Affidavits show Mathews acted with reckless disregard, creating triable facts. | Mathews acted with due regard; no proximate cause. | Summary judgment reversed; genuine issues of material fact remain regarding reckless disregard. |
Key Cases Cited
- Cameron v. Lang, 289 Ga. 319 (Ga. (2011)) (immunity limits for public officers; official capacity issues)
- Whitley v. Piedmont Hosp., 284 Ga. App. 649 (Ga. Ct. App. 2007) (credibility and contradictory testimony rules; jury issues)
- Prophecy Corp. v. Charles Rossignol, Inc., 256 Ga. 27 (Ga. 1986) (self-serving or contradictory testimony; credibility for motions)
- All Risk Ins. Agency v. Southern Bell &c. Co., 182 Ga. App. 190 (Ga. App. 1987) (contradictory testimony rules; nonparty witnesses credibility)
- Datz v. Brinson, 208 Ga. App. 455 (Ga. App. 1993) (summary judgment interplay with conflicting witness testimony)
- Bd. of Regents &c. v. Frost, 233 Ga. App. 692 (Ga. App. 1998) (sovereign immunity and public entity liability)