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Bray v. Watkins

On remand from the Georgia Supreme Court, the court vacated its previous opinion and remanded further for reconsideration of sovereign immunity in a lawsuit against a county sheriff

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Land, Judge. This case is before us on remand from the Supreme Court of Georgia. In the original case, Bray v. Watkins, 367 Ga. App. 381 (885 SE2d 802) (2023) (“Bray I“), we affirmed the trial court’s grant of summary judgment to Stormie Watkins on the ground that the public duty doctrine barred all of Latoya Bray’s claims. In Bray et al. v. Watkins, __ Ga. __ (S23C0836, decided November 7, 2023) (“Bray II“) the Supreme Court of Georgia granted Bray’s petition for certiorari, vacated our opinion, and remanded the case to this Court, holding that we erred in affirming the trial court’s ruling on the merits because the trial court did not consider the threshold jurisdictional question of whether sovereign immunity barred Bray’s claims against Watkins in her official capacity. Id. at *2. In light of the Supreme Court’s decision in Bray II, we vacate our previous opinion and adopt the Supreme Court’s decision as the judgment of this Court. We therefore vacate the trial court’s order granting summary judgment to Watkins and remand for the trial court to resolve the sovereign immunity issue in the first instance.[1] Judgment vacated and case remanded with direction. McFadden, P. J., and Gobeil, J., concur.

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