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Amica Mut. Ins. Co. v. Gwinnett Cnty. Police Dep't

The trial court properly dismissed the claim for inverse condemnation against Gwinnett County arising from damage to the plaintiff's house pursuant to an exercise of police power.

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In January 2008, a standoff occurred between officers of the Gwinnett County Police Department and an aggravated assault suspect whom they were trying to arrest pursuant to a warrant. The standoff damaged the house in which the suspect was living. That house belonged to Lynn Christopher, who had homeowner’s insurance with Amica Mutual Insurance Company. After reimbursing Christopher, Amica brought a subrogation action against the Police Department and Gwinnett County, asserting a claim of inverse condemnation. The defendants moved to dismiss under OCGA § 9-11-12 b 6, and the trial court granted their motion. Amica does not contest the dismissal of its action against the Police Department, but it appeals from the dismissal of its action against the County. Because we find that, as a matter of law, the County was entitled to sovereign immunity against Amica’s claim, we affirm.

A motion to dismiss pursuant to OCGA § 9-11-12 b 6 will not be sustained unless 1 the allegations of the complaint disclose with certainty that the claimant would not be entitled to relief under any state of provable facts asserted in support thereof; and 2 the movant establishes that the claimant could not possibly introduce evidence within the framework of the complaint sufficient to warrant a grant of the relief sought.

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