Peach County School District v. Austin, No. A13A0517

• Court: Georgia Court of Appeals
• Writing for the Court: McFADDEN
• Citation: 745 S.E.2d 293,322 Ga.App. 368
• Parties: PEACH COUNTY SCHOOL DISTRICT v. AUSTIN. Austin v. Clark et al.
• Decision Date: 20 June 2013
• Docket Number: A13A0625.,No. A13A0517

322 Ga.App. 368
745 S.E.2d 293

PEACH COUNTY SCHOOL DISTRICT
v.
AUSTIN.
Austin
v.
Clark et al.

No. A13A0517, A13A0625.

Court of Appeals of Georgia.

June 20, 2013.

[745 S.E.2d 294]

David A. Siegel, Columbus, for Peach County School District.
Francis H. Childs Jr., Jerry A. Lumley, Macon, for Austin.

McFADDEN, Judge.

[322 Ga.App. 368]Donna Austin filed a complaint seeking recovery for personal injuries allegedly sustained when she fell on a sidewalk as she was leaving a graduation ceremony at Peach County High School. She filed the lawsuit against the Peach County School District; Susan Clark, the Superintendent of Peach County Schools; C.B. Mathis, the Assistant Superintendent of Facilities of Peach County Schools; Bruce Mackey, the Principal of Peach County High School; and Chad Sanders, the Director of Maintenance of Peach County Schools. The defendants filed a joint motion to dismiss the complaint, asserting that the claims against the school district are barred by the doctrine of sovereign immunity and that the claims against the individual defendants are barred by the doctrine of official immunity. The trial court denied the motion to dismiss as to the school district, but granted the motion as to the individual defendants. In Case No. A13A0517, the school district appeals from the denial of its motion to dismiss; and in Case No. A13A0625, Austin appeals from the grant of the individual defendants' motion to dismiss. Because the claims against the school district are barred by the doctrine of sovereign immunity and the claims against the individual defendants are barred by the doctrine of official immunity, we reverse the judgment of the trial court in Case No. A13A0517 and affirm its judgment in Case No. A13A0625.

[745 S.E.2d 295]

Case No. A13A0517. 1. Sovereign immunity.

The Georgia Constitution provides that “sovereign immunity extends to the state and all of its departments and agencies.” Ga. Const. 1983, Art. I, Sec. II, Par. IX(e); Gilbert v. Richardson, 264 Ga. 744, 746–747(2), 452 S.E.2d 476 (1994). This immunity extends to county school districts, like Peach County School District, because they are political subdivisions of the state. Harper v. Patterson, 270 Ga.App. 437, 438(1)(a), 606 S.E.2d 887 (2004); Coffee County School Dist. v. Snipes, 216 Ga.App. 293, 294, 454 S.E.2d 149 (1995). “Sovereign immunity is not an affirmative defense that must be established by the party seeking its protection. Instead, immunity from suit is a privilege that is subject to waiver by the [s]tate, and the waiver must be established by the party seeking to benefit from the waiver.” [322 Ga.App. 369]Bomia v. Ben Hill County School Dist., 320 Ga.App. 423, 424, 740 S.E.2d 185 (2013) (citation omitted).

In this case, Austin argues that the Peach County School District waived its sovereign immunity by purchasing liability insurance. However, this very argument that “by having liability insurance the school district has waived sovereign immunity has been decided adversely to [Austin].” Dollar v. Dalton Public Schools, 233 Ga.App. 827, 828(1)(b), 505 S.E.2d 789 (1998) (citations omitted).

The Georgia Tort Claims Act provides for a limited waiver of the state's sovereign immunity for the torts of its officers and employees, but it expressly excludes school districts ... from the waiver. Although the 1991 amendment to Art. I, Sec. II, Par. IX does not restrict the legislature's authority to waive sovereign immunity to the Georgia Tort Claims Act, any such waiver must be by a legislative act which specifically provides that sovereign...