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Maxwell v. Cronan

Plaintiff's complaint allegation that school board waived its sovereign immunity to the extent of any existing automobile liability coverage was sufficient to place the burden on the school board to prove it had no insurance.

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Plaintiff Dennis C. Maxwell1 brought this tort action against defendants Frances Louise Cronan, the Newton County School District, certain school board members, and the school superintendent, seeking to recover for personal injuries received in a vehicular mishap on February 9, 1994, allegedly caused by the negligence of defendant Cronan for which negligence the other defendants were allegedly vicariously liable. Defendants jointly answered, admitting that plaintiff’s vehicle was struck from behind by a Newton County School District bus driven by defendant Cronan but defending on the grounds of sovereign and official immunity. In an order entered June 18, 1997, the trial court granted defendants’ motion for judgment on the pleadings concluding the individual board members, the superintendent, and defendant Cronan were at all times acting in a discretionary capacity without actual malice, and that the School District “has not waived the sovereign immunity afforded to it by the purchase of liability insurance,” citing Coffee County School District v. Snipes, 216 Ga. App. 293 454 SE2d 149. In Case Number A99A1404, plaintiff appeals from this order. In Case Number A99A1405, plaintiff appeals from the order entered October 1, 1998, denying his Extraordinary Motion for Reconsideration or For Judgment on the Pleadings. Held:

A99A1404

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