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Norris v. Emanuel County Ga.

The trial court erred in granting summary judgment to the defendants based on sovereign immunity where defendants raised only the issue of official immunity in their motion for summary judgment.

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Augustine Norris was a passenger in a truck driven by her grandson, Travis Evans, in Emanuel County. When Evans pulled the truck over on the shoulder of the road, the shoulder collapsed, causing the truck to tip over, injuring Norris. Norris sued Emanuel County, five county commissioners, the county road superintendent, and a road crew supervisor collectively, “the defendants”, alleging that the defendants’ negligence caused her injuries. The defendants moved for summary judgment, asserting that they were immune from suit. The trial court granted their motion, and this appeal ensued. For reasons that follow, we affirm in part and reverse in part.

In reviewing the grant of a motion for summary judgment, we conduct a de novo review of the evidence.1 We affirm only if the undisputed facts, viewed in the light most favorable to the non-movant, demonstrate that the movant is entitled to judgment as a matter of law.2

 
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