Whitfield v. Brown
318 Ga. App. 391
| Ga. Ct. App. | 2012Background
- Whitfield slipped on feces in a ladies’ restroom at a Clayton County library and reported the hazard to Brown, a library assistant.
- Brown instructed an inmate to clean the bathroom after being told of the fall.
- An inmate testified Brown directed cleaning and later, that the task was performed by the inmate.
- Whitfield sued Brown, other library staff, and John Does for negligence and gross negligence in ministerial duties.
- The trial court granted Brown’s summary judgment, finding no duty to maintain restrooms and discretionary responses to hazards.
- On appeal, the court affirmed Brown’s qualified-immunity-based dismissal, holding no ministerial duty and discretionary oversight.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brown has qualified immunity for addressing the restroom hazard | Whitfield argues Brown failed to address a known hazard. | Brown asserts no ministerial duty and discretionary action in responding. | Yes, Brown entitled to immunity. |
| Whether Brown had any ministerial duty to maintain restrooms | Whitfield contends duty to maintain facilities existed. | Brown had no duty regarding public restrooms; custodial tasks are discretionary. | No ministerial duty found. |
| Whether Brown’s conduct was within discretionary authority to avoid liability | Whitfield contends supervisor responsibility to ensure cleanliness. | Maintenance left to inmates; Brown’s action to direct inmate was discretionary. | Conduct within discretionary function. |
Key Cases Cited
- Effingham County v. Rhodes, 307 Ga. App. 504 (Ga. App. 2010) (distinguishes ministerial vs. discretionary duties in public offices)
- Cameron v. Lang, 274 Ga. 122 (Ga. 2001) (threshold issue: qualified immunity governs personal capacity claims)
- Standard v. Hobbs, 263 Ga. App. 873 (Ga. App. 2003) (policy-created duties and ministerial standard for emergency actions)
- Hemak v. Houston County School Dist., 220 Ga. App. 110 (Ga. App. 1996) (discretionary follow-up duties in school settings)
- Lau’s Corp. v. Haskins, 261 Ga. 491 (Ga. 1991) (summary judgment standard for establishing absence of jury issue)