Ekarika v. City of East Point

McMurray, Presiding Judge.

Ita Wilson Ekarika (plaintiff) instituted an action against the City of East Point (“East Point”) and Officer Homer Peter Miller of the East Point Police Department, alleging that Officer Miller, acting within the scope of his employment, negligently drove an East Point police car into plaintiff’s vehicle. East Point filed a motion for judgment on the pleadings, arguing OCGA § 36-33-3 bars plaintiff’s respondeat superior claim. This Code section provides as follows: “A municipal corporation shall not be liable for the torts of policemen or other officers engaged in…