Under the Georgia Constitution, counties are immune from lawsuits unless waived by statute. So when Vincent Currid’s estate filed suit against DeKalb State Court Probation Department, DeKalb County defended the suit on sovereign immunity grounds. Plaintiff alleged that the Department was liable under the Community Service Act for gross negligence, recklessness, and willful indifference to Mr. Currid’s safety when he died after falling from the back of a DeKalb County sanitation truck while fulfilling community service. Plaintiff asked the Court to recognize an implicit waiver in the Community Service Act to comport with the policy that a county is not protected by sovereign immunity when it acts willfully or wantonly. The Court of Appeals rejected Plaintiff’s plea, reiterating that constitutional sovereign immunity is only waived by explicit language in a statute and finding no such language in the Community Service Act. DeKalb State Court Probation Dept. v. Currid, A07A1123 (9/26/2007).
For more information, please contact Tim Buckley at (404) 633-9230.
