Crisp County School System V Brown
Unsatisfied with the decision of the trial court, Crisp County School System made an appeal. The Court of Appeal found that the trial court had erred denying the appellants their motion for summary judgment. The judgment was reversed. Issue Whether the trial court erred in its decision of denying the appellants' motion for summary judgment. Facts On 16th September 1994, Wendell Herndon, the appellant who happens to be a physical education teacher and an employee at Crisp County School instructed his physical education class to accomplish an obstacle course that entailed traversing monkey bars. The statute specifically offers sovereign immunity. Being a political subdivision of Georgia State, Crisp County School is entitled to sovereign immunity unless the Constitution specifically waivers such immunity.
In fact, the right for sovereign immunity for Crisp County School from suits regarding torts was reserved expressly by the General Assembly. However, the issue does not fall under the Georgia Tort Claims Act which offers a limited waiver on the sovereign immunity of the state for its employees’ and officers’ torts but excludes school districts expressly. Reasoning The Court of Appeal found that Crisp County School did not fall under the Georgia Tort Claims Act. The court did not find any evidence showing that the decisions concerning the stated discretionary functions were embarked on either on an intent to cause injury or actual malice. Accordingly, the county board of education members was eligible to avow official immunity defense and to get summary judgment concerning claims declared against them in their individual capacities.
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