SHERRI MCBRAYER et al. v. GENE SCARBROUGH, SHERIFF
Annotate this Case
Download PDF
SECOND DIVISION MILLER, P. J., RICKMAN and PIPKIN, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. https://www.gaappeals.us/rules January 25, 2024 In the Court of Appeals of Georgia A22A0002. MCBRAYER et al. v. SCARBROUGH. MILLER, Presiding Judge. In McBrayer v. Scarbrough, 364 Ga. App. 112 (874 SE2d 146) (2022), this Court affirmed the trial court’s grant of judgment on the pleadings in this case based on sovereign immunity. In McBrayer v. Scarbrough, 317 Ga. 387 (893 SE2d 660) (2023), the Supreme Court of Georgia reversed the judgment of this Court and concluded that sovereign immunity was waived because the underlying wrongful death arose from the sheriff deputies’ alleged negligent “use” of a covered motor vehicle under OCGA §§ 33-24-51 (b) and 36-92-2. We therefore vacate our prior opinion, adopt the Supreme Court’s opinion as our own, and reverse the trial court’s grant of judgment on the pleadings. Judgment reversed. Rickman and Pipkin, JJ., concur.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
