Poss v. Department of Human Resources

Full title: POSS et al. v. DEPARTMENT OF HUMAN RESOURCES

Court: Court of Appeals of Georgia

Date published: Jan 27, 1994

441 S.E.2d 101 (Ga. Ct. App. 1994)

441 S.E.2d 101

Opinion

A92A0793.

DECIDED JANUARY 27, 1994.

Wrongful death. Fulton State Court. Before Judge Thompson.

Robert H. Benfield, Jr., for appellants.

Michael J. Bowers, Attorney General, William C. Joy, Senior Assistant Attorney General, William M. Droze, Assistant Attorney General, for appellee.

BEASLEY, Presiding Judge.

In Poss v. Dept. of Human Resources, 206 Ga. App. 890 ( 426 S.E.2d 635) (1992), we held in Division 1 that the court did not err in granting the department's motion for summary judgment on plaintiffs' derivative negligence claim, but we held in Divisions 2 through 6 that the court erred in granting the department's motion for summary judgment on plaintiffs' direct negligence claim. On certiorari, the Supreme Court reversed our holding with respect to plaintiffs' direct negligence claim. Ga. Dept. of Human Resources v. Poss, 263 Ga. 347 ( 434 S.E.2d 488) (1993). Accordingly, our original judgment is vacated with respect to Divisions 2 through 6 of our opinion, and the judgment of the Supreme Court is hereby made the judgment of this court. The trial court's grant of the Department's motion for summary judgment is affirmed in toto.

Judgment affirmed. Pope, C. J., McMurray, P. J., Birdsong, P. J., Cooper, Andrews, Johnson, Blackburn and Smith, JJ., concur.

DECIDED JANUARY 27, 1994.