Mayor Council of the City of Flemington v. Boatwright

1 Citing case

  1. Georgia Department of Human Resources v. Poss

    263 Ga. 347 (Ga. 1993)   Cited 34 times

    In their complaint, appellees alleged the department was negligent in failing to train and supervise its staff; in failing to establish rules, regulations, and procedures designed to protect seriously ill patients; and in failing to provide adequate facilities to carry out such care. Citing Price v. Dept. of Transp., 257 Ga. 535 ( 361 S.E.2d 146) (1987), and Mayor c. of Flemington v. Boatwright, 259 Ga. 175 ( 377 S.E.2d 843) (1989), DHR asserted that appellees' claims were barred by sovereign immunity. The Court of Appeals distinguished Price on the ground that it involved a derivative liability claim and, after recognizing that the presence of liability insurance protection constitutes a waiver of sovereign immunity (see 1983 Ga. Const., Art. I, Sec. II, Par. IX), held that DHR was not entitled to summary judgment as it had not shown the non-existence of insurance coverage.