Cooley v. Bryant

A question of fact remained as to whether a correctional officer was entitled to official immunity after a prison inmate on a work crew sustained injuries from an allegedly defective lawnmower.

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Jonathan Bryant, an inmate at the Muscogee County Prison, was actively participating on a work crew assigned to the Columbus Parks and Recreation Department when he was injured by a lawn mower. Bryant filed suit against Michael Cooley, the correctional officer supervising the crew, in his individual and official capacities, for the injuries Bryant sustained. Cooley filed a motion for summary judgment, arguing that Bryant’s claims against him were barred by the doctrines of sovereign immunity and official immunity. Finding that Bryant’s claims against Cooley in his official capacity were barred by the doctrine of sovereign immunity, the trial court granted his summary judgment in part. However, the trial court denied Cooley’s summary judgment motion as to Bryant’s claims against him personally. The trial court found that Cooley’s acts of maintaining and inspecting the lawnmower were ministerial, not discretionary, and that Bryant’s claims against him were not barred by the doctrine of official immunity. The trial court certified its order for immediate review, and this Court granted Cooley’s petition for interlocutory review. We affirm the trial court’s denial of Cooley’s summary judgment motion, but remand the case to the trial court for a jury to determine whether, under the facts of this case, Cooley knew that the lawnmower was defective and presented a dangerous condition, such that his ministerial duty to have the mower repaired would trigger, and if so, all issues related to liability and damages.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. On appeal from the denial or grant of summary judgment, the appellate court is to conduct a de novo review of the evidence to determine whether there exists a genuine issue of material fact, and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.

Cooley v. Bryant

A question of fact remained as to whether a correctional officer was entitled to official immunity after a prison inmate on a work crew sustained injuries from an allegedly defective lawnmower.

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