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McBrayerv.Scarbrough

CourtSupreme Court of Georgia
Docket No.S22G1152
DecidedOctober 11, 2023
Reporter317 Ga. 387; 893 S.E.2d 660; 2023 Ga. LEXIS 221
JudgesELLINGTON, Justice. All the Justices concur.
Tags
CivilWrongful DeathSovereign ImmunityNegligent Use of a Covered Motor VehiclePatrol Car RestraintJudgment on the PleadingsStatutory InterpretationRipley's Believe It Or NotLegal Reality Benders
Case Summary

Sherrie McBrayer alleged that Tift County deputies tased and restrained her husband, placed him face-down across a patrol car’s back seat, secured a strap to the door, and left him unattended. He died in the car; an autopsy attributed his death to excited delirium secondary to the tasing. McBrayer sued the sheriff for wrongful death. The trial court granted judgment on the pleadings, and the Court of Appeals affirmed because the complaint did not allege that the patrol car was actively being used “as a vehicle.” The Supreme Court of Georgia reversed and remanded. It held that the statutory motor-vehicle waiver of sovereign immunity does not require active transportation: loading a person into a patrol car and restraining him there count as vehicle use under the statutes. The Court sent the case back for the Court of Appeals to apply that interpretation; it did not decide negligence or ultimate liability.

Opinion

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