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Agnes Scott College Inc. v. Hartley

The defendant-college failed to establish that the plaintiff could not possibly present evidence that the campus policemen were acting under the college's direction at the time of their allegedly tortious conduct against the plaintiff.

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In Division 1 of this Court’s opinion in Agnes Scott College v. Hartley, 321 Ga. App. 74, 76-80 1 741 SE2d 199 2013 “Hartley I”, we reversed the trial court’s denial of a motion to dismiss Hartley’s complaint on the grounds that Agnes Scott College “ASC” and three campus policemen collectively, “Defendants” were entitled to immunity under the Georgia Tort Claims Act “GTCA”. In Division 2 of Hartley I, this Court reversed the trial court’s denial of ASC’s motion to dismiss Hartley’s claims for respondeat superior. Id. at 80 2.

1. In Hartley v. Agnes Scott College, 295 Ga. 458 759 SE2d 857 2014 “Hartley II”, the Supreme Court of Georgia reversed the judgment of this Court in Division 1 of Hartley I, and in doing so, it ruled that the defendant policemen were not entitled to immunity under the GTCA. Harley II, supra at 461-467 2 a-d. Consequently, we vacate Division 1 of our opinion in Hartley I, and in its place, we adopt the opinion of the Supreme Court as our own.

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