Bruton v. Department of Human Resources

Andrews, Chief Judge.

Rory Michael Bruton, acting as heir at law and administrator of the estate of his grandmother, Vera H. O’Brien, sued the Georgia Department of Human Resources (DHR) pursuant to the Georgia Tort Claims Act. He alleged that O’Brien’s death at a personal care home subject to DHR rules and regulations was proximately caused by the DHR’s negligence. The trial court granted summary judgment in favor of the DHR on the basis that sovereign immunity afforded to the DHR under the Georgia Tort Claims Act protected it from liability. Bruton appeals contending that sovereign immunity…