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City of Atlanta v. Durham

The defendant city was entitled to sovereign immunity on the plaintiffs' negligence claims because it was exercising a governmental function when it demolished an abandoned house.

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The City of Atlanta appeals from the trial court’s order denying its motion to dismiss the complaint filed after Janice Durham was killed during the demolition of a house owned by the City. Yekeisha Durham, the administrator of the estate of Janice Durham, and Eric Durham, Janice Durham’s son, filed the complaint alleging that the City of Atlanta and the company that was hired to perform the demolition were negligent in not checking to make sure that the house was empty before beginning the demolition, and were also negligent in not shutting off the gas to the house before starting the demolition. The complaint and amended complaint also raised claims of nuisance, breach of contract, negligent hiring and negligent supervision.

The City filed a motion to dismiss, arguing that it was entitled to sovereign immunity on all claims. The trial court denied the motion, holding that the City was in lawful control and possession of the property at Daniel Street and had a “non-delegable ministerial duty to make sure that the property was safely demolished and that the demolition complied with the legal regulations that require certain pre-conditions before a demolition can occur.” The trial court also held that whether the house created a nuisance was an issue for the jury and noted that a municipality, like any other corporation, may be liable for the operation and maintenance of a nuisance, irrespective of whether it is exercising a governmental or ministerial function.

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