Primas v. City of Milledgeville

Summary

The Georgia Supreme Court vacated the Court of Appeals’ decision holding that the City of Milledgeville was protected by sovereign immunity from a negligence claim involving the maintenance and inspection of a city-owned vehicle. The court held that the lower court improperly analyzed municipal sovereign immunity using principles applicable to official immunity and remanded for consideration of whether the alleged negligence arose from a governmental function. The court did not reach the alternative argument that the City waived immunity by purchasing insurance.

Holdings

1. The Court of Appeals applied an incorrect legal analysis by treating the municipal sovereign-immunity issue as one of official immunity and by applying the definitions and principles governing official immunity's ministerial and discretionary acts.
2. Primas's argument that the City waived sovereign immunity by purchasing insurance presented nothing for review because it was not raised or ruled on in the trial court or Court of Appeals and was not the ground on which Primas relied below.

Questions Presented

1. Whether the Court of Appeals applied the proper analysis in determining whether the City's sovereign immunity was waived under OCGA § 36-33-1 (b).
2. Whether the alleged negligent maintenance and inspection of the vehicle arose from the performance or nonperformance of a governmental function for purposes of municipal sovereign immunity.
3. Whether Primas's argument that the City waived sovereign immunity by purchasing insurance was preserved for appellate review.

Disposition

vacated