Scott v. City of Millen, 58289
| Decision Date | 01 February 1980 |
| Docket Number | No. 58289,58289 |
| Citation | 265 S.E.2d 30,153 Ga.App. 231 |
| Parties | SCOTT v. CITY OF MILLEN. |
| Court | Georgia Court of Appeals |
Bobby Jones, Metter, for appellant.
Julian P. Cheney, Millen, for appellee.
1. In its order granting summary judgment the trial court recited that the "entire file" had been considered. Accordingly, the enumeration of error asserting that the court erred as a matter of law "in failing to consider all of the depositions on file in the matter" is without merit. General Motors Corp. v. Walker, 244 Ga. 191, 259 S.E.2d 449 (1979).
2. Plaintiff brought this wrongful death action in two counts. As to Count 1, based on negligence, defendant states in its brief: "The substantive issue in this case turns on whether or not the City of Millen operated Lincoln Park and the swimming pool therein (in which plaintiff's minor child was drowned) as a governmental function." That question must be answered in the affirmative so that the city is shielded from negligence claims by the doctrine of governmental immunity (Cornelisen v. City of Atlanta, 146 Ga. 416, 91 S.E. 415 (1916); Petty v. City of Atlanta, 40 Ga.App. 63, 148 S.E. 747 (1929)). However, as to Count 2, the city's motion does not pierce the pleadings as to the allegations of maintaining a nuisance. City of Bowman v. Gunnells, 243 Ga. 809, 256 S.E.2d 782 (1979). Having failed to do so, the grant of summary judgment is sustained as to Count 1 and must be reversed as to Count 2.
Judgment affirmed in part; reversed in part.
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Gooden v. City of Atlanta
...function, so that the city is shielded from negligence claims by the doctrine of governmental immunity. Scott v. City of Millen, 153 Ga.App. 231(2), 265 S.E.2d 30 (1980). (Citations omitted.) Robinson v. City of Decatur, 253 Ga. 779(1), 325 S.E.2d 752 (1985), overruled on other grounds, Mar......
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Robinson v. City of Decatur
...function, so that the city is shielded from negligence claims by the doctrine of governmental immunity. Scott v. City of Millen, 153 Ga.App. 231(2), 265 S.E.2d 30 (1980) and cits. The appellant contends that this Code section is unconstitutional on its face and as applied, in that it violat......
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