SHERRI MCBRAYER v. GENE SCARBROUGH, SHERIFF

• Court: Court of Appeals of Georgia
• Decided: January 25, 2024
• Docket: A22A0002
• Status: Published

Opinion

SECOND DIVISION MILLER, P. J., RICKMAN and PIPKIN, JJ.

NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. https://www.gaappeals.us/rules

January 25, 2024

In the Court of Appeals of Georgia A22A0002. MCBRAYER et al. v. SCARBROUGH.

MILLER, Presiding Judge.

In McBrayer v. Scarbrough, 364 Ga. App. 112 (874 SE2d 146) (2022), this Court

affirmed the trial court’s grant of judgment on the pleadings in this case based on

sovereign immunity. In McBrayer v. Scarbrough, 317 Ga. 387 (893 SE2d 660) (2023),

the Supreme Court of Georgia reversed the judgment of this Court and concluded that

sovereign immunity was waived because the underlying wrongful death arose from the

sheriff deputies’ alleged negligent “use” of a covered motor vehicle under OCGA §§

33-24-51 (b) and 36-92-2. We therefore vacate our prior opinion, adopt the Supreme

Court’s opinion as our own, and reverse the trial court’s grant of judgment on the

pleadings.

Judgment reversed. Rickman and Pipkin, JJ., concur.