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Effingham County v. Rhodes

The plaintiff could not show that a county commissioner's actions with regard to a 3-foot hole in the roadway were ministerial in the absence of evidence of any procedures or instructions with regard to road maintenance or repair.

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We granted Effingham County and County Commissioner Myra Lewis’s petition for interlocutory review of the trial court’s order denying their motion for summary judgment on sovereign immunity grounds. For the following reasons, we reverse. Deborah Rhodes sued the County and Lewis, the chairperson of the Board of County Commissioners,1 after the car she was driving “hit a hole measuring approximately three feet in length.” The complaint alleges that defendant Savannah River Utility “was responsible for the hole in the roadway,” and each defendant was negligent for failing to maintain and repair the roadway and/or failing to warn of a known hazard.

The County and Lewis moved for summary judgment on the basis that they were immune from suit, and the trial court denied the motion. This appeal followed.

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