Sovereign Immunity Bars Suit by Inmate Burned Repairing Truck, Appeals Court Rules
With one of three judges "reluctantly" concurring, a Georgia Court of Appeals panel has reversed a trial court and ruled against an inmate who was badly burned while doing maintenance work on a garbage truck.
July 07, 2017 at 05:46 PM
12 minute read
With one of three judges “reluctantly” concurring, a Georgia Court of Appeals panel has reversed a trial court and ruled against an inmate who was badly burned while doing maintenance work on a garbage truck.
The court said the city of Columbus was protected by sovereign immunity because the truck being repaired was not in “use” at the time.
In a case of first impression, the ruling said 2005 amendments to the state's sovereign immunity law mean that only the “negligent use” of such a vehicle would waive Columbus' sovereign immunity protection, wrote Judge Charles Bethel with the concurrence of Judges Elizabeth Branch and Christopher McFadden.
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