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City of Roswellv.Hernandez-Flores

CourtCourt of Appeals of Georgia
Docket No.A22A0985
DecidedOctober 28, 2022
Reporter365 Ga. App. 849; 880 S.E.2d 340; 2022 Ga. App. LEXIS 506; 2022 WL 15654230
JudgesMiller, P.J., authored the opinion; Rickman, C.J., and Pipkin, J., concurred.
Tags
CivilSovereign ImmunityPolice PursuitUse of a VehicleMunicipal LiabilityInterlocutory AppealSummary Judgment
Case Summary

A pedestrian was catastrophically injured when a fleeing suspect swerved around stop sticks deployed by a Roswell officer and struck her on the sidewalk. She sued the City, arguing that sovereign immunity was waived because the injuries arose from the officer’s “use” of a patrol vehicle. The Court of Appeals of Georgia reversed the denial of summary judgment to the City. It held that the record showed the injury arose from the suspect’s evasive driving and the officer’s deployment of stop sticks after exiting his patrol car, not from the actionable use of the city vehicle itself within the meaning of the waiver statute. Because the plaintiff failed to prove a valid waiver of sovereign immunity, the negligence action against the City could not proceed.

Opinion

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