Robinson v. DeKalb County, A03A0293.
| Decision Date | 06 May 2003 |
| Docket Number | No. A03A0293.,A03A0293. |
| Citation | 261 Ga. App. 163,582 S.E.2d 156 |
| Parties | ROBINSON et al. v. DEKALB COUNTY et al. |
| Court | Georgia Court of Appeals |
OPINION TEXT STARTS HERE
Robert M. Beauchamp, Albany, for appellants.
Charles G. Hicks, William J. Linkous III, Elizabeth B. Taylor, Atlanta, for appellees.
Thomas Earl Robinson drowned in a private lake located in DeKalb County while attempting to rescue a fisherman thrown from a capsized canoe. Mr. Robinson's surviving spouse and administrator of his estate, Kenya Robinson, brought a wrongful death action against DeKalb County and against three firefighters in their personal capacities employed by the County's Fire Services Bureau (FSB) who responded to an emergency call at the lake about the fisherman. Ms. Robinson alleged that negligent actions or failures to act by the FSB employees caused her husband's death. She appeals from the trial court's grant of summary judgment in favor of DeKalb County on the basis of sovereign immunity and in favor of the firefighters on the basis of statutory and official immunity. For the following reasons, we affirm.
The three firefighters named as defendants in the suit arrived at the lake in their fire vehicle in response to a 911 drowning call. Two men informed the firefighters that they and a third man were fishing on the lake when their canoe capsized, and that they swam back to shore but the third man was still in the lake. They said they had already made several attempts to rescue the man before the firefighters arrived but had been unsuccessful. The capsized canoe was visible about 50 to 100 feet from the shore, but the fisherman was nowhere to be seen. However, the firefighters did not rule out the possibility that he could be under the capsized canoe. One of the firefighters waded into the lake toward the canoe, but turned back after sinking into the soft bottom and encountering water over his head about 15 feet from shore. Using a hose from the fire vehicle as a lifeline, the firefighter was about to make another attempt to reach the canoe when Mr. Robinson arrived at the scene. Mr. Robinson, who lived adjacent to the lake, came to the scene to see if he could help after he heard that someone was drowning. After inquiring and being informed that the fisherman was still in the water, Mr. Robinson started to go into the lake. The firefighter making the second attempt to reach the canoe told Mr. Robinson that the water was deep and not to go into the lake. Mr. Robinson responded that he frequently swam in the lake, and he jumped in the water and swam out toward the canoe. The firefighter started swimming behind him but turned back and returned to waist-deep water when he determined that he would not be capable of swimming to the canoe and then back to shore. Mr. Robinson reached the canoe and appeared to be attempting to flip it over or look under it when he began to have trouble staying afloat and called for help. The firefighter attempted to throw the hose he was using to Mr. Robinson but was unable to reach him. Less than a minute after calling for help, Mr. Robinson went under the surface and drowned. Mr. Robinson's body and the body of the fisherman were recovered from the lake by divers from the FSB.
1. Ms. Robinson alleged that the three firefighters caused her husband's death by negligently failing to comply with various procedures adopted by the FSB. One procedure provided that, where emergency medical care is provided by FSB officers, they should assess the scene of the medical emergency and restrict bystanders or unnecessary people from the scene. Another procedure provided that in underwater rescue or recovery operations, first arriving units (other than dive team members) should follow certain guidelines such as "look for a boat or similar craft" and "never enter the water without a lifeline." Citing these procedures, she claims the firefighters should have: (1) looked...
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