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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.

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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.

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