DeKalb County v. Gibson

5 Citing cases

  1. Allstate Insurance Co. v. Renshaw

    151 Ga. App. 80 (Ga. Ct. App. 1979)   Cited 5 times
    In Renshaw, the state court concluded a loss resulting from the theft of plaintiff's bank card and personal identification number (PIN) constituted a "forgery" under plaintiff's homeowners insurance policy.

    Even though defendant's motion for summary judgment addressed the same issues and subject matter as the motion which was granted, we are without jurisdictional power to review the denial of defendant's motion. Globe Life c. Co. v. Mapp, 148 Ga. App. 565 (2) ( 252 S.E.2d 5); Ins. Co. of N. A. v. Fowler, 148 Ga. App. 509 (3) ( 251 S.E.2d 594); DeKalb County v. Gibson, 146 Ga. App. 573 (2) ( 246 S.E.2d 692). Judgment reversed.

  2. Globe Life & Accident Insurance v. Mapp

    148 Ga. App. 565 (Ga. Ct. App. 1978)   Cited 3 times

    The grant of a partial summary judgment to plaintiff prevents us from deciding this issue under the decision in Stallings v. Chance, 239 Ga. 567 ( 238 S.E.2d 327). However, as we stated in DeKalb County v. Gibson, 146 Ga. App. 573 ( 246 S.E.2d 692), "Common sense demands that our reversal should have the effect of a final disposition of this claim in favor of defendant..." Judgment reversed.

  3. CSX Transportation, Inc. v. City of Garden City

    325 F.3d 1236 (11th Cir. 2003)   Cited 19 times
    Certifying to Georgia Supreme Court a question about whether a municipal indemnification agreement is an unlawful waiver of sovereign immunity under Georgia law

    Id. at 351. In Dekalb County v. Gibson, 146 Ga.App. 573, 246 S.E.2d 692, 692-93 (1978), the parent of a child who drowned at a county swimming pool brought a wrongful death action against the county predicated on allegations of negligence and nuisance as well as an action as a third-party beneficiary to a contract allegedly created between the county and the child when he paid admission to the pool. After finding no basis for the nuisance claim and no statute waiving the county's immunity to the tort claim, the court concluded that Williams I would not permit the third-party breach of contract claim because there, presumably unlike in Gibson, "the county had entered into an indemnity contract under statutory authority with [the power company] and this contract authorized the suit against the county."

  4. CSX Transportation, Inc. v. City of Garden City

    196 F. Supp. 2d 1288 (S.D. Ga. 2002)   Cited 3 times

    Id. at 210-11 ("We have long acknowledged that municipal corporations have only limited power to enter into contracts"). CSX's reliance on Williams v. Georgia Power Co., 233 Ga. 517 (1975), fails in light of Dekalb County v. Gibson, 146 Ga. App. 573, 573-74 (1978) (Sovereign immunity completely barred claims against county, either for breach of contract or on basis of maintenance of nuisance, to recover damages for wrongful death arising from drowning of plaintiff's son which occurred while he was swimming at park facility owned and operated by county). Because the City-CSX indemnification contract is ultra vires, the City is entitled to summary judgment against CSX, and it is not necessary to reach the City's remaining arguments.

  5. Gibson v. DeKalb County

    249 S.E.2d 613 (Ga. 1978)

    ORDERED SEPTEMBER 15, 1978. Application for certiorari to the Court of Appeals of Georgia — 146 Ga. App. 573. HILL, Justice, dissenting.