Lundy v. Hancock Cnty., A23A0301, 2023 WL 4143843 (Ga. Ct. App. June 23, 2023)
Lundy first argues that Hancock County’s sovereign immunity was waived by OCGA §§ 42-4-4 and 42-5-2, concerning the provision of medical aid to inmates. But “[t]he plain language of [those code sections] does not provide for a specific waiver of governmental immunity nor the extent of such a waiver, and therefore, no waiver can be implied or shown.”
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Lundy claims that Hancock County waived its sovereign immunity by purchasing liability insurance that covers the incident in this case. However, “the defense of sovereign immunity to tort liability cannot be waived by the mere purchase of insurance coverage.”
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[W]e reverse the grant of summary judgment to jail officers Phillips and Kemp because there are genuine issues of material fact as to whether they negligently failed to perform the ministerial task of checking on Walker every 15 minutes. But we affirm the grant of summary judgment to the other individual defendants because Lundy has failed to point to evidence showing that they performed a discretionary act maliciously or a ministerial act negligently.
