Summary
The Supreme Court of Georgia held that the immunity provision in the Macon Water Authority's charter was not preempted by OCGA § 51-2-2, which codifies respondeat superior. The court concluded that the General Assembly could exclude the public corporation from vicarious tort liability and affirmed summary judgment for the Authority.
Holdings
- The immunity provision in the Macon Water Authority Act is not preempted by OCGA § 51-2-2 and does not violate Art. III, Sec. VI, Par. IV(a) of the Georgia Constitution.
Questions Presented
- Whether the immunity provision in the Macon Water Authority's charter is preempted by OCGA § 51-2-2 under Art. III, Sec. VI, Par. IV(a) of the Georgia Constitution.
- Whether the General Assembly may exclude a public corporation created by charter from vicarious tort liability.
Disposition
affirmed
Cases Cited (8)
- Little v. City of Lawrenceville, 272 Ga. 340, 341(1), 528 S.E.2d 515 (2000)(followed)
- Franklin County v. Fieldale Farms Corp., 270 Ga. 272, 275(2), 507 S.E.2d 460 (1998)(followed)
- McAllister v. American National Red Cross, 240 Ga. 246(2), 240 S.E.2d 247 (1977)(followed)
- State v. Martin, 266 Ga. 244(4), 466 S.E.2d 216 (1996)(followed)
- C & S Nat. Bank v. Mann, 234 Ga. 884, 889(3), 218 S.E.2d 593 (1975)(followed)
- Penick v. Foster, 129 Ga. 217(3), 58 S.E. 773 (1907)(followed)
- Thomas v. Hosp. Auth. of Clarke County, 264 Ga. 40, 440 S.E.2d 195 (1994)(distinguished)
- Henderman v. Walton County Water & Sewerage Auth., 271 Ga. 192(1), 515 S.E.2d 617 (1999)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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