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Athens-Clarke County v. Torres

Unified city-county government withdrew any pre-existing waiver of sovereign immunity by providing in its charter that its tort and nuisance liability would follow the law and rules of tort liability applicable to counties.

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Through her guardian, Valentina Torres sued the Unified Government of Athens-Clarke County, among other defendants, on theories of negligence and nuisance for injuries she sustained when she was struck by a car as she crossed a street in Athens. The trial court denied the unified government’s motion for judgment on the pleadings. We granted the unified government’s application for interlocutory review of that ruling. Because the trial court erred in finding the unified government was not entitled to sovereign immunity, we reverse.

A defendant’s motion for judgment on the pleadings should be granted only where the pleadings disclose with certainty that the plaintiff would not be entitled to relief under any state of provable facts. OCGA § 9-11-12 c; Cardin v. Outdoor East, 220 Ga. App. 664, 665 468 SE2d 31 1996.

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