Summary
The Supreme Court of Georgia held that borrowed servants may qualify as state employees under the Georgia Tort Claims Act. Accordingly, the Act's waiver of sovereign immunity may apply to torts committed by borrowed servants acting within the scope of their official duties on behalf of the state. The court reversed the Court of Appeals and reinstated the trial court's denial of the Georgia Pines Community Service Board's motion to dismiss.
Holdings
- Borrowed servants are included within the term "employee" for purposes of OCGA § 50-21-22(7) and therefore qualify as state employees under the Georgia Tort Claims Act.
- The Act contains a specific waiver of sovereign immunity for torts committed by borrowed servants acting within the scope of their official duties on behalf of the state.
Questions Presented
- Whether borrowed servants qualify as state employees under OCGA § 50-21-22(7) of the Georgia Tort Claims Act.
- Whether the Act's waiver of sovereign immunity extends to torts committed by borrowed servants acting within the scope of their official duties on behalf of the state.
Disposition
reversed
Cases Cited (11)
- Georgia Pines Community Service Board v. Summerlin, 296 Ga.App. 32, 36-38, 673 S.E.2d 582 (2009)(reversed)
- Youngblood v. Gwinnett Rockdale Newton Community Service Board, 273 Ga. 715(1), 545 S.E.2d 875 (2001)(followed)
- Higdon v. City of Senoia, 273 Ga. 83, 86, 538 S.E.2d 39 (2000)(followed)
- Plantation Pipe Line Co. v. City of Bremen, 227 Ga. 1, 9, 178 S.E.2d 868 (1970)(followed)
- Six Flags Over Georgia v. Hill, 247 Ga. 375(1), 276 S.E.2d 572 (1981)(followed)
- Brown v. Smith & Kelly, 86 Ga. 274, 276-277, 12 S.E. 411 (1890)(followed)
- Underwood v. Burt, 185 Ga.App. 381, 382, 364 S.E.2d 100 (1987)(followed)
- United States Fidelity & Guaranty Co. v. Forrester, 230 Ga. 182, 196 S.E.2d 133 (1973)(followed)
- Hoffman v. Wells, 260 Ga. 588(2), 397 S.E.2d 696 (1990)(followed)
- Burt v. Underwood, 258 Ga. 207, 367 S.E.2d 230 (1988)(followed)
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Cited In (0)
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Court Document
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