Montgomery Cnty. v. Rountree, A23A1460, 2025 WL 652275 (Ga. Ct. App. Feb. 28, 2025)
OCGA § 36-92-2 provides for a limited waiver of local government entities’ (including counties’) sovereign immunity for losses arising out of claims for the negligent use of a “covered” motor vehicle. OCGA § 36-92-1 (2) defines a “covered” motor vehicle as either “(A) Any motor vehicle owned by the local government entity; [or] (B) Any motor vehicle leased or rented by the local government entity.” OCGA § 11-2A-103 (1) (j) defines a “lease” as “a transfer of the right to possession and use of goods for a term in return for consideration ….” Rountree, relying on OCGA § 11-2A-103 (1) (j), contends that the ambulance owned by Toombs County was leased by Montgomery County. In its order, the trial court cited OCGA § 11-2A-103 (1) (j) and implicitly concluded that Montgomery County had leased the ambulance owned by Toombs County, denying the motion to dismiss and stating that the agreement “provided that the vehicle owned by Toombs [County] became used on behalf of both counties. It was available for use on behalf of Montgomery County in consideration of the fees paid by Montgomery County.”
*2 3After a careful review of the agreement, we conclude that the ambulance owned by Toombs County was not leased by Montgomery County.
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Significantly, although Montgomery County agreed to furnish an ambulance to Toombs County, Toombs County did not agree to furnish its ambulance to Montgomery County. Toombs County agreed to provide ambulance services using both the ambulance provided by Montgomery County and the ambulance provided by Toombs County, but Toombs County did not transfer the right to possession and use of its ambulance to Montgomery County. Consequently, we conclude that Montgomery County did not lease the ambulance owned by Toombs County. See OCGA § 11-2A-103 (1) (j). Thus, Rountree has not established that the ambulance involved in the collision is a “covered” motor vehicle as to Montgomery County, and the trial court erred in denying Montgomery County’s motion to dismiss.
