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Hendricks v. Dupree

A county road superintendant was entitled to qualified immunity in personal injury action as the work of cutting back vegetation along a roadway is a discretionary act.

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J. Allen Hendricks, the Roads Superintendent of the Clinch County Roads Department, appeals the order denying his motion for summary judgment in Dustin Matthew Dupree’s personal injury action. We agree with Hendricks that he is entitled to summary judgment on the ground of official immunity and thus reverse the trial court. Dupree was injured when his all terrain vehicle struck a concrete culvert on the shoulder of a county road and overturned. He alleged that Hendricks was liable as Superintendent of the Clinch County Roads Department for failing to maintain the shoulder of the road and for failing to properly train and supervise the employees who cut the grass. He also alleged that the county was liable for negligently designing the road to include the culvert.

Hendricks and the county moved for summary judgment. The trial court granted summary judgment to the county on the ground of sovereign immunity. The court denied Hendricks’s summary judgment motion. Hendricks now appeals pursuant to Board of Regents of the Univ. Sys. of Ga. v. Canas , 295 Ga. App. 505, 507 1 672 SE2d 471 2009 collateral order doctrine permits a direct appeal from an interlocutory ruling that determines that governmental actor is not immune from suit on the basis of sovereign immunity. On appeal from the denial of summary judgment the appellate court is to conduct a de novo review of the evidence to determine whether there exists a genuine issue of material fact, and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. Citations and punctuation omitted. Hood v. Todd , 287 Ga. 164, 165 695 SE2d 31 2010.

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