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Austin v. Clark

Dismissal of the trip and fall case was improper since it could not be said that the defendants would ultimately prevail based on official immunity, as discovery had been extremely limited.

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Donna Austin filed a complaint seeking recovery for personal injuries allegedly sustained when she fell on a sidewalk as she was leaving a graduation ceremony at Peach County High School. As is relevant here, she filed the suit against Susan Clark, the Superintendent of Peach County Schools; C.B. Mathis, the Assistant Superintendent of Facilities of Peach County Schools; Bruce Mackey, the Principal of Peach County High School; and Chad Sanders, the Director of Maintenance of Peach County Schools. Austin alleges in her complaint that she was on school district property when she stepped from a sidewalk into a roadway and her leg became lodged in an opening on the curb where water drains from the roadway. Austin alleges that the individual defendants negligently performed the ministerial duties of inspecting, maintaining and repairing the sidewalk and road where she fell.

Pursuant to OCGA § 9-11-12 b 6, the individual defendants filed a motion to dismiss the complaint, asserting that the claims against them were barred by the doctrine of official immunity. The trial court granted the motion to dismiss, and the Court of Appeals affirmed. See Austin v. Clark, 322 Ga. App. 368 745 SE2d 293 2013.1 Thereafter, we granted certiorari to determine whether the Court of Appeals erred in affirming the trial court’s order granting the individual defendants’ motion to dismiss based upon official immunity. For the reasons set forth below, we reverse.

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