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Georgia Dep't of Corrections v. Grady Mem'l Hosp. Corp.

Sovereign immunity barred the hospital's action against the Georgia Department of Corrections seeking payment for medical care provided to a county jail inmate, because O.C.G.A. § 42-5-2 did not apply to waive the State's immunity, since the State did not have physical custody of the inmate when he was injured and taken to the hospital for treatment.

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Grady Memorial Hospital Corporation d/b/a Grady Health System “Hospital” filed a complaint against the Georgia Department of Corrections “DOC” and Douglas County, Georgia, seeking payment for emergency medical care provided by the Hospital to an inmate who had been injured while housed at the Douglas County Jail. The DOC and Douglas County moved for summary judgment based on sovereign immunity; Douglas County additionally moved for summary judgment based on the Hospital’s alleged failure to comply with the notice provisions of OCGA § 36-11-1. The trial court denied both defendants’ motions for summary judgment. For the reasons that follow, we reverse the judgments.

On appeal from the grant or denial of a motion for summary judgment, we conduct a de novo review of the law and evidence, viewing the evidence in the light most favorable to the nonmovant, to determine whether a genuine issue of material fact exists and whether the moving party was entitled to judgment as a matter of law.1

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