Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Matthews v. Macon Water Auth.

O.C.G.A. § 51-2-2 did not pre-empt the vicarious liability immunity provision in a city water authority's charter.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In this case we are called upon to decide whether an immunity provision contained in the charter of the Macon Water Authority is preempted by a general law of the state legislature in violation of Art. III, Sec. VI, Para. IV a of the Georgia Constitution.

Martin C. Matthews sustained injuries when he fell over the lid of a water meter box which an employee of the Macon Water Authority “Authority” allegedly failed to secure. Matthews sued the Authority in tort on the theory that it is vicariously liable for the negligence of its employee. The Authority defended the action and moved for summary judgment on the basis that it is immune from suit under its charter which provides in pertinent part that “the Authority . . . shall in no event be liable for any tort committed by its officers, agents, or employees.” Matthews opposed the motion, claiming that the immunity provision infringes on OCGA § 51-2-2, which is a general law, and thus violates Art. III, Sec. VI, Para. IV a which prohibits the enactment of local or special laws in any case for which provision has been made by an existing general law. The trial court rejected the constitutional challenge and granted summary judgment in favor of the Authority.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
Legal Counsel

Title: Legal Counsel Reports to: Chief Executive Officer (CEO) FLSA Status: Exempt, Full Time Supervisory Responsibility: N/A Location: Remo...


Apply Now ›
Associate Position

Blume Forte Fried Zerres and Molinari 1 Main Street Chatham, NJ 07945Prominent Morris County Law Firm with a state-wide personal injury prac...


Apply Now ›
ASSOCIATE ATTORNEY DEFENSE LITIGATION

d Arcambal Ousley & Cuyler Burk, LLP, a well-established women-owned litigation firm, has an opening in our Parsippany, NJ office. We of...


Apply Now ›
Go to Lawjobs