Battallia v. City of Columbus

Sognier, Chief Judge.

Joe and B.ettie Battallia brought suit against the government of Columbus, Georgia, seeking damages for injuries incurred by Joe Bat-tallia when he fell in a city street. Columbus filed an answer and motion to dismiss asserting that as a consolidated government composed of the former governments of the City of Columbus and the County of Muscogee, it was entitled to be treated as a county government for the purpose of tort liability and thus was entitled to the defense of sovereign immunity pursuant to Bowen v. Columbus, Ga., 256 Ga. 462 (349 SE2d 740) (1986). The trial…