Board of Comm'rs of Glynn County v. Johnson

The county did not waive its sovereign immunity under O.C.G.A. § 33-24-51 by purchasing a liability insurance policy covering a helicopter used to spray for mosquito control because a helicopter is not a motor vehicle as that term is understood in the statute, i.e., it is not capable of being driven on public roads.

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The instant case arises out of Glynn County’s use of a helicopter for mosquito control. Rodger M. Johnson filed this personal injury and nuisance suit against the Board of Commissioners of Glynn County, alleging that he sustained personal injuries after breathing chemicals that were sprayed by the helicopter. His wife, Pamela Johnson, asserted a claim for loss of consortium arising from her husband’s alleged injuries. The Board of Commissioners moved to dismiss the plaintiffs’ complaint on the ground that the claims were barred by sovereign immunity, and the trial court entered a summary order denying the motion. This appeal followed.1 For the reasons discussed below, we conclude that the County did not waive its sovereign immunity and that members of the Board of Commissioners were not sued in their individual capacities. Accordingly, we reverse the trial court’s order and remand with the instruction that the plaintiffs’ complaint be dismissed. “In ruling on a motion to dismiss, the trial court must accept as true all well-pled material allegations in the complaint and must resolve any doubts in favor of the plaintiff.” Citations, punctuation, and footnote omitted. Roberson v. Northrup , 302 Ga. App. 405 691 SE2d 547 2010. Our review of the trial court’s ruling is de novo. Id.

So viewed, the complaint shows that Glynn County operates helicopters that spray for insects and mosquitoes within the boundaries of the county. In the early morning hours of May 27, 2005, a county-operated helicopter was spraying chemicals in a neighborhood on the north end of St. Simons Island. Mr. Johnson was employed by a construction company and was working outside in the neighborhood at the time. According to Mr. Johnson, he attempted to warn the helicopter of his presence as it flew overhead, but it nevertheless made several low passes over the area where he was working, where it sprayed “noxious and dangerous chemicals” down on him and others.

Board of Comm'rs of Glynn County v. Johnson

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