McDUFFIE v. COWETA COUNTY

No. A09A0691.

682 S.E.2d 609 (2009)

299 Ga. App. 500

McDUFFIE et al. v. COWETA COUNTY.

Court of Appeals of Georgia.

Reconsideration Denied July 31, 2009.


Attorney(s) appearing for the Case

Sherrod & Bernard, John Wesley Sherrod, Douglasville, for appellants.

Karen Eleice Woodward, Norcross, Thurbert E. Baker, Atty. Gen., Cruser & Mitchell, Karen E. Woodward, Norcross, Weinstock & Scavo, Richard Vinson Merritt, Atlanta, for appellee.


ADAMS, Judge.

In this wrongful death action the trial court granted summary judgment in favor of Coweta County, finding that the county was protected by sovereign immunity and had not waived that immunity. We hold that the trial court erred and we therefore reverse.

"On appeal from a grant of summary judgment, this Court conducts a de novo review of the record, construing the evidence and all inferences therefrom in favor of the nonmoving party." (Citations...

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