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Patricia Morneyv.Adam Joseph Kiker Et Al

CourtCourt of Appeals of Georgia
Docket No.A22A1473
DecidedJune 10, 2024
Reporter367 Ga. App. 194
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawGovernment LawOfficial ImmunityStatutory InterpretationReversalRemand
Case Summary

Patricia Morney sued Douglas County, a deputy sheriff, and the sheriff after a vehicle collision that she alleged caused injury. The trial court dismissed her amended complaint and denied her request to add the sheriff. After the Supreme Court of Georgia vacated an earlier appellate decision in light of a new notice-of-claim ruling, the Court of Appeals reconsidered the case. It held that Morney’s notice to the Douglas County administrator and county commission chair satisfied the statutory presentment requirement for claims involving a county vehicle. A claim against the sheriff in an official capacity for negligent use of a covered vehicle was treated as a claim against the county, so presentment to the county governing authority was sufficient. The court reversed dismissal of the claims against the sheriff in his official capacity and remanded.

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Patricia Morney V. Adam Joseph Kiker Et Al — The Atlanta Gleaner