Hunt v. City of Atlanta

Melame Hunt’s son, James, died while walking to school when he was struck by a car that ran a red light at an intersection near Woodson Elementary School in Atlanta. The collision occurred at approximately 7:10 a.m., as James was on his way to participate in the school’s breakfast program. At that time, the school zone speed limit sign was not yet flashing, and the school crossing guard had not yet reported for duty. Hunt sued the Atlanta Board of Education and the City of Atlanta for wrongful death, alleging that the defendants were negligent and had maintained a hazardous condition or nuisance. The trial court granted summary judgment to the Board of Education on the ground that it was immune from suit. Hunt appeals, arguing that the Board’s immunity does not apply to nuisance actions. We disagree and affirm.

This case is controlled by our decision in Davis v. Dublin City Board of Education.1 In Davis, the plaintiff’s son allegedly tripped over a rug placed at the entrance to the school and fell through a cracked glass door. The plaintiff sued the Dublin City Board of Education under theories of negligence and nuisance. We held that