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DeKalb County Sch. Dist. v. Allen

A county school district waived sovereign immunity for a wrongful death suit involving as school bus by purchasing liability insurance.

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Wendy Allen brought a wrongful death action against DeKalb County School District, its employee, Romeo Henry, and Joey S. Hedgemon after her seven-year-old daughter, Shaniecia Allen “Shaniecia”, was struck and killed by an automobile driven by Hedgemon. Hedgemon was dismissed from the lawsuit after Allen settled her claims against him. DeKalb County School District “Dekalb County” and Henry filed a motion for summary judgment, which was denied. We affirm.1

“In reviewing a grant or denial of summary judgment, this Court conducts a de novo review of the evidence.”2 To prevail at summary judgment under OCGA § 9-11-56 c, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmovant, warrant judgment as a matter of law.3

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