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Primas v. City of Milledgeville

The Court of Appeals erred in addressing the sovereign immunity issue presented as though it were an official immunity issue.

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We granted a petition for writ of certiorari in this case to consider whether the Court of Appeals applied the proper analysis when it determined that the City of Milledgeville’s sovereign immunity had not been waived pursuant to OCGA § 36-33-1 b, thereby entitling the City to summary judgment. See City of Milledgeville v. Primus, 325 Ga. App. 553 753 SE2d 146 2013.1 Because we find that the proper analysis was not applied, we vacate the decision of the Court of Appeals and remand to that court for its reconsideration.

The record before us demonstrates that Lucious Primas was injured while driving a prison work-detail van owned by the City of Milledgeville the “City”. The van was leased to the Georgia Department of Corrections but pursuant to contract, the City was responsible for maintaining the vehicle and purchasing insurance policies. On the day of the accident, as Primas approached an intersection, the brake line failed. Primas was able to steer the car off the road, but he was injured when he collided with a utility pole. Primas sued the City, alleging it was negligent by failing to inspect and maintain the vehicle’s brake lines. The trial court denied the City’s motion for summary judgment in which it claimed the maintenance and inspection of a brake line is a discretionary act for which its sovereign immunity had not been waived. The Court of Appeals reversed, holding that Primas’s claim against the City was barred under the doctrine of sovereign immunity because the alleged negligent act was a discretionary act for which sovereign immunity had not been waived under Georgia law. City of Milledgeville v. Primus, supra, 325 Ga. App. at 555.

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