Ankerich v. Savko; Savko v. Ankerich

Neither the officer's activation of the patrol car's blue lights nor the utilization of the vehicle as a physical barrier to alert motorists to use caution while the officer directed traffic constituted use of the vehicle for the purpose of waiving sovereign immunity.

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Melanie Savko sued Kay Ankerich, a Hart County deputy sheriff, and Mike Cleveland, Sheriff of Hart County hereinafter collectively “Ankerich”, in their official capacities to recover damages for injuries she sustained when she was involved in an automobile collision at an intersection where Ankerich was directing traffic. She also served State Farm Mutual Automobile Insurance Company and Nationwide Mutual Fire Insurance Company with the complaint as her uninsured/underinsured motorist carriers.

In Appeal No. A12A0974, after the grant of Ankerich’s application for interlocutory review, she appeals the trial court’s denial of her motion for summary judgment, and in Appeal No. A12A0975, Savko cross-appeals the denial of her partial motions for summary judgment against Ankerich, State Farm, and Nationwide. The primary issue on appeal is whether Ankerich was “using” her patrol car such that the county’s purchase of automobile liability insurance constituted a waiver of the county’s sovereign immunity and by extension, Ankerich’s official immunity. Upon our review, and holding that the trial court erred in finding that the patrol vehicle was in “use” as contemplated by OCGA § 33-24-51 b, we reverse the trial court’s denial of Ankerich’s’ motion for summary judgment as to the issue of the waiver of sovereign immunity in Appeal No. A12A0974, and affirm the trial court’s denial of Savko’s motions for summary judgment in Appeal No. A12A0975.

Ankerich v. Savko; Savko v. Ankerich

Neither the officer's activation of the patrol car's blue lights nor the utilization of the vehicle as a physical barrier to alert motorists to use caution while the officer directed traffic constituted use of the vehicle for the purpose of waiving sovereign immunity.

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