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KEENAN v. PLOUFFE

No. S96A1349.

482 S.E.2d 253 (1997)

267 Ga. 791

KEENAN et al. v. PLOUFFE et al.

Supreme Court of Georgia.

Reconsideration Denied April 4, 1997.

Attorney(s) appearing for the Case

Nicholas C. Moraitakis, Glenn Eric Kushel, Roger Mills, Mills & Moraitakis, Atlanta, for appellants.

Michael J. Bowers, Attorney General, Patricia Guilday, Assistant Attorney General, State Law Department, Atlanta, Duncan D. Wheale, Dye, Tucker, Everitt, Wheale & Long, Augusta, Patrick J. Rice, Hull, Towill, Norman & Barrett, Augusta, for appellees.

Rowe Brogdon, Jr., Franklin, Taulbee, Rushing, Bunce & Brogdon, Statesboro, J. Vincent Cook, Cook, Noell, Tolley & Aldridge, Athens, amicus appellant.

G. Conley Ingram, Elizabeth Bertschi, Alston & Bird, Atlanta, amicus curiae.

SEARS, Justice.

One of the many issues raised by this appeal is whether a state-employed physician who is alleged to have negligently performed surgery on a private-pay patient is immune from suit under the State Tort Claims Act. The trial court granted summary judgment to the appellee-physician, Dr. Leo Plouffe, based upon official immunity. We conclude that Dr. Plouffe is not immune from suit because he is sought to be held liable only for the exercise of his medical...

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