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Sandra S. Marshallv.Sheila K. Deverger

CourtCourt of Appeals of Georgia
Docket No.A14A0640
DecidedMay 30, 2014
Reporter327 Ga. App. 416, 759 S.E.2d 269
JudgesThird Division: Presiding Judge Barnes, and Judges Boggs and Branch; Barnes authored the opinion; Boggs and Branch concurred
Tags
CivilGovernment LawWrongful DeathSovereign ImmunityOfficial ImmunityQualified ImmunityNegligenceStatutory InterpretationMotion to DismissReversal
Case Summary

John Marshall experienced chest pain on Blackbeard Island and allegedly called 911 to report that he was having a heart attack. The complaint alleged that Sheila Deverger, director of McIntosh County’s 911 system, refused to send aid and directed county emergency medical technicians not to respond. Marshall received no county medical assistance and died later that day. His estate sued McIntosh County and Deverger in her official and individual capacities. The Georgia Court of Appeals held that the 911 Service Act did not specifically waive the County’s sovereign immunity, so dismissal of the County and Deverger in her official capacity was proper. The Court reached a different result for the individual-capacity claim. At the pleading stage, discovery might reveal a county policy requiring Deverger to take specific steps in response to a 911 call, so the court could not determine the nature of her duties yet. The complaint also sufficiently alleged wanton and willful misconduct or bad faith to avoid the 911 statute’s immunity provision. The Court therefore affirmed the County and official-capacity dismissals but reversed dismissal of the individual-capacity claim.

Opinion

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