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Georgia Interlocal Risk Management Agency v. Godfrey

A police trainee was not a "Member" under the City of McIntyre's liability coverage agreement with appellant when he robbed and murdered the decedent in an underlying wrongful death claim.

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Georgia Interlocal Risk Management Agency GIRMA brought this declaratory judgment action to determine coverage for an underlying wrongful death claim. Although the trial court denied GIRMA’s motion for summary judgment, it issued a certificate of immediate review. We granted GIRMA’s application for interlocutory appeal, and this appeal followed. For reasons that follow, we reverse. Summary judgment is appropriate when no genuine issues of material fact remain and the movant is entitled to judgment as a matter of law.1 We review a trial court’s summary judgment ruling de novo, construing the facts and all reasonable inferences in favor of the nonmoving party.2

Viewed in this manner, the evidence shows that, in the early morning hours of December 3, 2001, Marvin Godfrey was robbed and murdered in Wilkinson County. A jury subsequently found LaRodney Carswell, a City of McIntyre police trainee, guilty of the robbery and murder. After learning of Carswell’s involvement in the crimes, Godfrey’s family filed a wrongful death action against Carswell, the City of McIntyre “the City”, and various city officials and employees.

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