City of Hapeville v. Grady Mem'l Hosp. Corp.

The waiver of sovereign immunity as to medical providers alleging claims against county or state jailers to recover expenses incurred in providing medical service to prisoners also applies to municipal jailers.

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Grady Memorial Hospital Corporation, d/b/a Grady Health System “the Hospital” filed a complaint against the City of Hapeville and the Police Department of the City of Hapeville collectively “the City”, alleging that the City failed to pay for medical services provided by the hospital to four prisoners in the custody of the City.1 The City responded, arguing that it was immune from suit. The trial court found that pursuant to Cherokee County v. North Cobb Surgical Assoc. P.C.,2 the City had waived sovereign immunity based on OCGA § 42-5-2.3 For the reasons that follow, we affirm.

The brief record before us reveals that the City transported four prisoners to the Hospital for treatment. The Hospital now seeks payment from the City in the amount of $81,694.74 for the cost of the services rendered to those prisoners. The City filed a motion to dismiss, arguing, inter alia, that it was immune from suit. In denying the City’s motion to dismiss, the trial court found that the Hospital “is suing for payment of services rendered. This puts the instant case in line with Cherokee County v. North Cobb Surgical Assoc. P.C., and removes the matter from sovereign immunity analysis. Alternatively, the legislature has waived the City’s sovereign immunity by statute.” The City appeals this ruling, arguing that the trial court erred by finding that it was not immune from suit. We review this ruling under the de novo standard of review.4

City of Hapeville v. Grady Mem'l Hosp. Corp.

The waiver of sovereign immunity as to medical providers alleging claims against county or state jailers to recover expenses incurred in providing medical service to prisoners also applies to municipal jailers.

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