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Park Pride of Atlanta Inc. v. City of Atlanta

The city's indemnity contract with a non-profit park organization that coordinated volunteers to beautify city parks did not entitle the city to indemnification for its own negligent acts.

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On October 9, 1993, Barbara Starr, a Hands On Atlanta volunteer participating in a park beautification project at Adams Park, was killed when a dump truck belonging to the City of Atlanta and being operated by a City employee, Ronnie Glenn, rolled backwards crushing her. Her husband, John Starr, was seriously injured in the accident. The City’s Parks and Recreation Department had furnished the truck and its driver for the project that day. About ten minutes before the incident, Glenn had parked the truck on a hill and left it unattended.1

On September 21, 1995, having earlier provided ante litem notice to the City, John Starr, individually, and as the executor of the estate of Barbara Starr filed suit against the City, Glenn, and several employees of the City’s Department of Parks, Recreation and Cultural Affairs. In defending Starr’s wrongful death and personal injury action, the City asserted it was immune to suit because it had been engaged in the performance of a government function, the maintenance and operation of public parks, at the time of the Starr tragedy. Throughout discovery, the City repeatedly denied the existence of any insurance coverage. In April 1997, the City contacted Great American Insurance Company, the insurer for Park Pride Atlanta, Inc., for the first time.2 Great American responded with a full reservation of rights.

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