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Griswold v. Collins

The Court found remaining questions of fact regarding whether the defendant school teacher was entitled to immunity as to the plaintiff's assault and battery claims based on three alleged incidents where the teacher either struck or choked the student.

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Idris Griswold, individually and on behalf of his minor daughter, B.G., brought an action against B.G.’s teacher, Audrey Collins, for assault, battery, and negligence per se based upon Collins’s discipline of B.G. at school. The trial court granted summary judgment to Collins, concluding that she was immune from suit and that her alleged acts did not amount to corporal punishment under OCGA § 20-2-730 et seq. the basis of Griswold’s negligence per se claim. Griswold appeals. As detailed below, we find that questions of fact as to her entitlement to immunity preclude Collins from summary judgment on the assault and battery claims, and accordingly we reverse the trial court’s judgment as to those claims. We find, however, that Collins is entitled to summary judgment on the negligence per se claim because her alleged actions did not violate the statutes upon which Griswold premised that claim, and accordingly we affirm the trial court’s judgment as to that claim.

“Summary judgment is appropriate when no genuine issues of material fact remain and the moving party is entitled to judgment as a matter of law. On appeal, we review a trial court’s grant of summary judgment de novo, construing the evidence and all inferences drawn from it in a light favorable to the nonmovant.” Citations and punctuation omitted. Stolte v. Hammack, 311 Ga. App. 710 716 SE2d 796 2011.

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