GEORGIA PINES COMMUNITY SERVICE BOARD v. Summerlin

Court of Appeals of Georgia

GEORGIA PINES COMMUNITY SERVICE BOARD v. Summerlin

700 S.E.2d 860, 305 Ga. App. 763, 10 Fulton County D. Rep. 2892, 2010 Ga. App. LEXIS 811, 10 FCDR 2892

CourtCourt of Appeals of Georgia

DecidedAugust 31, 2010

DocketA08A1823

StatusPublished

This text of 700 S.E.2d 860 (GEORGIA PINES COMMUNITY SERVICE BOARD v. Summerlin) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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GEORGIA PINES COMMUNITY SERVICE BOARD v. Summerlin, 700 S.E.2d 860, 305 Ga. App. 763, 10 Fulton County D. Rep. 2892, 2010 Ga. App. LEXIS 811, 10 FCDR 2892 (Ga. Ct. App. 2010).

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Opinion

Doyle, Judge.

Georgia Pines Community Service Board moved to dismiss on grounds of sovereign immunity the complaint of Marilyn Lee Sum-merlin for the wrongful death of her 18-year-old son, George Clayton Summerlin. The trial court denied the motion. This Court granted Georgia Pines’s application for interlocutory appeal. Georgia Pines argued that its motion to dismiss should have been granted because the State had not waived sovereign immunity for torts committed by borrowed servants during the course of their employment. We reversed the trial court’s ruling. 1

The Supreme Court of Georgia granted certiorari and reversed our ruling, concluding that “borrowed servants are included within the definition of an ‘employee’ for purposes of the Tort Claims Act,” and thus, the trial court should have been affirmed. 2 Accordingly, our prior ruling is vacated and the judgment of the Supreme Court is made the judgment of this Court.

Judgment affirmed.

Andrews, P. J., and Johnson, J., concur. *764 Decided August 31, 2010. Thurbert E. Baker,; Attorney General, Jennifer L. Dalton, Assistant Attorney General, for appellant. Conley Griggs, Cale Conley, Richard A. Griggs, C. Frederick Overby, for appellees.

1

See Ga. Pines Community Svc. Bd. v. Summerlin, 296 Ga. App. 32 (673 SE2d 582) (2009).

2

Summerlin v. Ga. Pines Community Svc. Bd., 286 Ga. 593, 596 (2) (690 SE2d 401) (2010).

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Doyle, Judge.

Georgia Pines Community Service Board moved to dismiss on grounds of sovereign immunity the complaint of Marilyn Lee Sum-merlin for the wrongful death of her 18-year-old son, George Clayton Summerlin. The trial court denied the motion. This Court granted Georgia Pines’s application for interlocutory appeal. Georgia Pines argued that its motion to dismiss should have been granted because the State had not waived sovereign immunity for torts committed by borrowed servants during the course of their employment. We reversed the trial court’s ruling. 1

The Supreme Court of Georgia granted certiorari and reversed our ruling, concluding that “borrowed servants are included within the definition of an ‘employee’ for purposes of the Tort Claims Act,” and thus, the trial court should have been affirmed. 2 Accordingly, our prior ruling is vacated and the judgment of the Supreme Court is made the judgment of this Court.

Judgment affirmed.

Andrews, P. J., and Johnson, J., concur. *764 Decided August 31, 2010. Thurbert E. Baker,; Attorney General, Jennifer L. Dalton, Assistant Attorney General, for appellant. Conley Griggs, Cale Conley, Richard A. Griggs, C. Frederick Overby, for appellees.

1

See Ga. Pines Community Svc. Bd. v. Summerlin, 296 Ga. App. 32 (673 SE2d 582) (2009).

2

Summerlin v. Ga. Pines Community Svc. Bd., 286 Ga. 593, 596 (2) (690 SE2d 401) (2010).

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Bluebook (online)

700 S.E.2d 860, 305 Ga. App. 763, 10 Fulton County D. Rep. 2892, 2010 Ga. App. LEXIS 811, 10 FCDR 2892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/georgia-pines-community-service-board-v-summerlin-gactapp-2010.

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