Lillian and Charles Waits sued Donnie D. Scott, the school resource officer for Woodland High School in Bartow County, after Lillian was involved in an accident on school property. Scott filed a motion for summary judgment, and the trial court denied the motion. Scott appeals, arguing that the trial court erred by concluding that Scott was not shielded from liability in his individual capacity by the doctrine of official immunity. We agree and reverse. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.1 So viewed, the record shows that Lillian was leaving the campus of Woodland High School in Bartow County after dropping her son off at the field house during fall break when she drove into a metal, free-swinging gate. The gate struck the hood of her SUV and penetrated her vehicle, exiting through the rear driver’s side window and injuring her. Lillian and her husband sued Scott, alleging that he had a duty to secure the gate, to report the gate’s broken latch to the school principal or other authorities, and to have the gate equipped with a properly functioning latch.2 Scott moved for summary judgment, arguing that he was entitled to official immunity because he had no ministerial duty related to the inspection, maintenance, and repair of the pole gate. The trial court denied summary judgment to Scott, concluding that there was evidence that Scott is the School Resource Officer, responsible for inspecting the school premises to insure public safety. Removing obstructions from a roadway is a basic, fundamental requirement for public safety and would have to be considered a ministerial duty. There is evidence in the record from which it could be concluded that Defendant Scott failed in his duty to keep the roadway clear of obstructions. Following the trial court’s order, Scott filed an application for interlocutory appeal, which we granted.
The metal gate at issue consisted of two separate pieces that swung out over the roadway and were secured in the middle with a padlock in order to close off the road. When opened, the gates swung back to each side of the road and over a small post secured with a latching device. Although previously the gates were locked and unlocked on a regular basis, the gates were left in the open position throughout the fall of 2007.
