Loehle v. Georgia Dep't of Public Safety

The Department of Public Safety was entitled to sovereign immunity in the plaintiffs' lawsuit arising after a suspect in a police chase around the Georgia Capitol hit their vehicle, because the troopers involved in that chase did not violate the Department's policies.

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In this case arising from a police chase around the Georgia Capitol, Allan Loehle and Nicole Livieratos, individually and as the personal representative of Zach Loehle, a minor collectively, Loehle, sought interlocutory review of the trial court’s orders granting the Georgia Department of Public Safety’s DPS motion to dismiss on sovereign immunity grounds and denying Loehle’s spoliation motion against the City of Atlanta City. Because we find that DPS did not waive its immunity, we affirm the grant of DPS’s motion to dismiss. We vacate the denial of Loehle’s spoliation motion and remand this case for the trial court to reconsider the issue in light of the correct legal standard.

We review de novo a trial court’s denial of a motion to dismiss based on sovereign immunity grounds, which is a matter of law. However, factual findings by the trial court in support of its legal decision are sustained if there is evidence authorizing them, and the burden of proof is on the party seeking the waiver of immunity. Citations omitted. Ga. Dept. of Human Resources v. Johnson, 264 Ga. App. 730, 731 592 SE2d 124 2003. See also Bonner v. Peterson, 301 Ga. App. 443 687 SE2d 676 2009 the trial court’s pre trial ruling on factual issues necessary to decide the OCGA § 9 11 12 b 1 motion is reviewed on appeal under the any evidence rule.

Loehle v. Georgia Dep't of Public Safety

The Department of Public Safety was entitled to sovereign immunity in the plaintiffs' lawsuit arising after a suspect in a police chase around the Georgia Capitol hit their vehicle, because the troopers involved in that chase did not violate the Department's policies.

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