Opinion
S22C1152
03-07-2023
SHERRIE MCBRAYER et al. v. GENE SCARBROUGH, SHERIFF.
Court of Appeals Case No. A22A0002
The Honorable Supreme Court met pursuant to adjournment. The following order was passed:
The Supreme Court today granted the writ of certiorari in this case as case No. S22G1152 .
This case will be assigned to the June 2023 oral argument calendar automatically under Supreme Court Rule 50 (1) (a). Oral argument is mandatory in granted certiorari cases.
This Court is particularly concerned with the following issue or issues:
1. Does "use" of a motor vehicle as provided in OCGA §§ 33-24-51 (b) and 36-92-2 require the motor vehicle to be "actively in use" "as a vehicle" when the injury arose? See Board of Commrs. of Putnam County v. Barefoot, 313 Ga.App. 406, 409 (1) (721 S.E.2d 612) (2011).
2. Does loading a person into or restraining a person in a patrol car constitute the "use" of a motor vehicle as to which sovereign immunity is waived under OCGA §§ 33-24-51 (b) and 36-92-2?
Briefs should be submitted only on these points. See Supreme Court Rule 45.
All the Justices concur.