Nichols v. Prather

Pickens County Deputy Sheriff Nicholas Nichols, Sheriff Billy Wofford, and Pickens County appeal from the denial of their motion to dismiss or, in the alternative, for summary judgment in this personal injury and wrongful death case. The appellants contend that the trial court erred in denying their motion, arguing that the Pickens County Sheriff’s Department is a state agency or department and, therefore, the department and its employees are entitled to the protections of the Georgia Tort Claims Act “GTCA”, OCGA § 50-21-20 et seq. They also argue that they were entitled to other statutory immunities. For the following reasons, we reverse the denial of summary judgment to Pickens County, but affirm the remainder of the court’s judgment. “On appeal from the grant of a motion for summary judgment, we conduct a de novo review of the law and evidence, viewing the evidence in the light most favorable to the nonmovant, to determine whether a genuine issue of material fact exists and whether the moving party was entitled to judgment as a matter of law.” Citation omitted. Brown v. Taylor , 266 Ga. App. 176 596 SE2d 403 2004. So viewed, the evidence showed the following relevant facts.

Just after midnight on the morning of July 7, 2002, the decedent, Terri Prather, walked from the Blue Rodeo Cafe in Jasper toward her car, which was parked in a lot on the other side of the highway. There was no cross-walk in the immediate area. At the same time, Pickens County Sheriff’s Deputy Nicholas Nichols was driving down the highway in a marked patrol car. Deputy Nichols was driving approximately 75 m.p.h. in a 50 m.p.h. speed zone, was traveling in the center turn lane, and had not activated his siren or blue lights. According to Deputy Nichols, by the time he saw Ms. Prather in the highway in front of his car, he was unable to avoid striking her. There is no evidence that Deputy Nichols applied his brakes before the collision. Ms. Prather died as a result of the impact. The title to Deputy Nichols’ patrol car listed the Pickens County Sheriff’s Department as the owner, and the county carried liability insurance on the car.