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David "Rusty" Williamsv.Christine Pauley et al.

CourtCourt of Appeals of Georgia
Docket No.A14A2033
DecidedFebruary 18, 2015
Reporter331 Ga. App. 129; 768 S.E.2d 546
JudgesCourt of Appeals of Georgia, Second Division; Presiding Judge Andrews and Judges McFadden and Ray; Presiding Judge Andrews authored the opinion
Tags
CivilTort LawOfficial ImmunityNegligenceSummary JudgmentStatutory InterpretationReversal
Case Summary

Carl Pauley died when his vehicle struck a horse that had wandered onto a Floyd County highway. Pauley’s widow and estate sued county police officer David Williams personally, alleging that he negligently failed to remove the horse after responding to a 911 call. Williams sought summary judgment based on Georgia’s official-immunity doctrine, but the trial court found a factual dispute and denied the motion. The Court of Appeals of Georgia reversed. Official immunity protects an officer from personal liability for negligent discretionary acts performed within official authority, while ministerial acts may remain actionable. The court held that Williams’s efforts to capture and relocate the horse were discretionary because no department protocol or specific instruction governed the task and he had to exercise judgment about how to control a 1,500-pound animal. The statutory duty to impound stray livestock did not convert the task into a ministerial act because the statute supplied no definite procedure for carrying it out. Whether Williams acted negligently or caused the collision was therefore not reached. The court held that official immunity barred the personal-liability claims and reversed the denial of summary judgment.

Opinion

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David "Rusty" Williams v. Christine Pauley et al. — The Atlanta Gleaner