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Thomasv.Henry County Water Auth.

CourtCourt of Appeals of Georgia
Docket No.A23A0362
DecidedApril 18, 2023
Reporter367 Ga. App. 469; 886 S.E.2d 857; 2023 Ga. App. LEXIS 168; 2023 WL 2983097
JudgesMERCIER, Judge. Miller, P. J., and Hodges, J., concur.
Tags
CivilGovernment LiabilityAnte Litem NoticeCounty Water AuthorityOfficial ImmunityMotor Vehicle CollisionMotion to Dismiss
Case Summary

Rickey Thomas alleged that a Henry County Water Authority (HCWA) truck driven by James Walker caused catastrophic injuries in a collision. The Thomases gave timely notice to Henry County officials, who forwarded it to HCWA, but did not serve the authority directly. The trial court dismissed their claims against HCWA for lack of county ante litem notice and against Walker under statutory employee immunity; they appealed. The Georgia Court of Appeals held that the county notice statute did not apply to HCWA, an independent public corporation, even though it had the same sovereign immunity as the county. The motor-vehicle injury waiver of sovereign immunity was separate from claim presentment and did not depend on ante litem notice. The court also held dismissal of Walker premature because the amended complaint alleged he was acting outside his official duties, a circumstance in which the statute does not immunize a local-government employee; the pleading allowed alternative claims against Walker and HCWA. The court reversed dismissal of both defendants.

Opinion

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