Department of Human Resources v. Coley

I agree with the majority that the public duty doctrine does not apply. However, I respectfully dissent because the loss in this tragic case did not result from an “assault” or a “battery” as those terms are used in OCGA § 50-21-24 (7). I would disapprove Dept. of Human Resources v. Hutchinson,26 Christensen v. State of Ga.,27 Sherin v. Dept. of Human Resources,28 and Ga. Military College v. Santamorena29 to the extent that those decisions interpret assault and battery expansively. Instead, the statute should be read narrowly to limit sovereign immunity to losses arising from acts of simple…