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Cook v. Forrester

The defendant doctors were entitled to official immunity in the plaintiff's medical malpractice action because they were full-time faculty members at the Medical College of Georgia and were performing the regular duties of their employment, during their regular hours of employment, at their regular site of employment.

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In this medical malpractice action, James Wynn, M. D., and Lloyd Cook, M. D., appeal from the trial court’s orders denying their claim of official immunity provided by the Georgia Tort Claims Act, OCGA § 50-21-1 et seq. In their sole enumeration of error on appeal, they contend that the trial court erred by concluding that our recent opinion in Jones v. Allen, 312 Ga. App. 762 720 SE2d 1 2011, precludes a finding of immunity. Based upon the Supreme Court of Georgia’s recent decision in Shekhawat v. Jones, __Ga.__ Case No. S12G0552, decided July 11, 2013, we reverse.

The party seeking to benefit from the doctrine of official immunity has the burden of proof. See Howell v. Willis, 317 Ga. App. 199, 203 729 SE2d 643 2012. The trial court’s ruling on a motion to dismiss is reviewed de novo, while factual findings are sustained if there is evidence supporting them. Southerland v. Ga. Dept. of Corrections, 293 Ga. App. 56, 57 666 SE2d 383 2008.

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