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Georgia Forestry Comm'n v. Canady

The exception of the waiver of sovereign immunity in O.C.G.A. § 50-21-24 6 authorizes the application of sovereign immunity to the making of policy decisions by state employees and officers, including those relating to the amount, disbursement and use of equipment and personnel to provide law enforcement, police or fire protection services, and to the acts and omissions of state employees and officers executing and implementing those policies.

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We affirmed in part and reversed in part the trial court’s order denying the Georgia Forestry Commission’s motion for summary judgment in Tray Canady’s personal injury action. 274 Ga. App. 556 617 SE2d 569 2005. In Division 3, we concluded that Canady’s claim regarding the Commission’s allegedly deficient notice to other governmental entities of a visibility hazard did not fall within the fire protection exception to the general waiver of sovereign immunity, OCGA § 50-21-24 6. Because the Commission was not entitled to judgment as a matter of law on the basis of the fire protection exception to the waiver of sovereign immunity, we affirm the trial court’s ruling in this regard. 274 Ga. App. at 562 3. The Supreme Court of Georgia granted the Commission’s petition for writ of certiorari, Case No. S05G2002, to consider Whether the Georgia Forestry Commission’s decision to notify or not to notify other governmental agencies regarding potential smoke hazards resulting from a permitted “controlled burn” fire constitutes a “failure to provide . . . or a method or providing . . . fire protection” for which the Georgia Forestry Commission is entitled to sovereign immunity See OCGA § 50-21-24 6. Upon consideration, the Supreme Court

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