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Davis v. Brantley County Sch. Dist.

A question of fact remained as to whether the defendant, a county high school teacher/coach, was acting as a parent-volunteer or as a county employee when he assisted in an activity at his child's elementary school, during which another parent was injured.

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Donna Davis brought this action in the Superior Court of Brantley County against the Brantley County School District, Matt Thrift, and Dean Horne for injuries she received at a school event held at Hoboken Elementary School. Following a hearing, the trial court granted the appellees’ motion for summary judgment, based, inter alia, on its conclusion that Thrift and Horne are immune under the doctrine of official immunity. Davis appeals from this ruling, and, for the reasons explained below, we affirm in part and reverse in part.1

Under OCGA § 9-11-56 c, a party is entitled to summary judgment if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.

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