Legal Opinion
Brantley v. Department of Human Resources
Court of Appeals of Georgia
Decided November 13, 1998No. A98A1972PublishedCited by 4 opinions
1Opinion of the Court
Blackburn, Judge.
Donna Kay Brantley and Chris Wynn appeal the trial court’s dismissal of their wrongful death claim against the Department of Human Resources contending that the negligent supervision of their daughter by a foster parent was not a discretionary function of a state employee protected by the doctrine of sovereign immunity. See the Georgia Tort Claims Act (OCGA § 50-21-20 et seq.). For sovereign immunity purposes, the supervision of a child by a foster parent is a discretionary function as defined by the Georgia Tort Claims Act (the Act). We affirm.
“[A] motion to dismiss for…
2Cases cited7 opinions
- Department of Transportation v. BrownSupreme Court of Georgia · 1996
- Wright v. AsheCourt of Appeals of Georgia · 1996
- Crisp County School System v. BrownCourt of Appeals of Georgia · 1997
- Payne v. Twiggs County School DistrictCourt of Appeals of Georgia · 1998
- GA. DEPARTMENT OF CORRECTIONS v. LamaineCourt of Appeals of Georgia · 1998
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3Cited by4 opinions
- Holloman v. D. R. Horton, Inc.Court of Appeals of Georgia · 1999
- Brantley v. Department of Human ResourcesSupreme Court of Georgia · 1999
- Rowe v. State Board of Pardons & ParoleCourt of Appeals of Georgia · 1999
- Brantley v. Department of Human ResourcesCourt of Appeals of Georgia · 2000