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Austin v. Clark

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

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In Austin v. Clark, 294 Ga. 773 755 SE2d 796 2014, the Georgia Supreme Court reversed our decision in Austin v. Clark, 322 Ga. App. 368 745 SE2d 293 2013, which affirmed the trial court’s order granting a motion to dismiss based upon official immunity of the individual defendants. Accordingly, the opinion of the Supreme Court is made the opinion of this court, and the order of the trial court granting the individual defendants’ motion to dismiss based upon official immunity is hereby reversed.

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