Roberson v. McIntosh Cnty. Sch. Dist.

Official immunity protected the defendant county school district payroll and benefits manager from suit, as she was performing a discretionary function at all times during her dealings with the plaintiff and did so without willfulness, malice or corruption.

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In this negligence action against defendants McIntosh County School District, the District’s employee Shyrl Washington, and its insurer Standard Insurance Company, plaintiff Rita Roberson alleges that Washington failed to advise Roberson adequately as to the conversion of her husband’s group life insurance policy to an individual policy after his retirement but before his death. A trial court granted summary judgment to all three defendants on the ground that Washington was performing a discretionary rather than ministerial duty when she advised Roberson such that defendants were protected from suit by official immunity. On Roberson’s appeal from this holding, we find no error and affirm.

“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.” Citations and punctuation omitted. Walker v. Gwinnett Hosp. System, 263 Ga. App. 554, 555 588 SE2d 441 2003. A trial court’s grant of summary judgment is reviewed de novo on appeal, construing the evidence in the light most favorable to the nonmovant. Ethridge v. Davis, 243 Ga. App. 11, 12 530 SE2d 477 2000. Once the party moving for summary judgment has made a prima facie showing that it is entitled to judgment as a matter of law, the non-movant must then come forward with rebuttal evidence sufficient to show the existence of a genuine issue of material fact. Weldon v. Del Taco Corp., 194 Ga. App. 174-175 390 SE2d 87 1990.

Roberson v. McIntosh Cnty. Sch. Dist.

Official immunity protected the defendant county school district payroll and benefits manager from suit, as she was performing a discretionary function at all times during her dealings with the plaintiff and did so without willfulness, malice or corruption.

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