Greenway v. Northside Hospital, Inc.

Boggs, Judge.

In Roper v. Greenway, 294 Ga. 112 (751 SE2d 351) (2013), the Supreme Court reversed Division 1 (a) of our opinion in Greenway v. Northside Hosp., 317 Ga. App. 371, 377-379 (730 SE2d 742) (2012). We therefore vacate Division 1 (a) of our earlier opinion and adopt the opinion of the Supreme Court as our own.1 Our analysis does not end here, however, as the Supreme Court remanded with direction for this court to consider “whether [Deputy] Roper engaged in an act ‘performed with malice or an intent to injure.’ ” 294 Ga. at 116.

The Georgia Constitution provides that government…