Bajjani v. Gwinnett County School District

I must respectfully dissent.

1. As to Division 1 of the majority, as stated in Leake v. Murphy, 274 Ga. App. 219, 224 (1) (617 SE2d 575) (2005) “[i]f the present lawsuit alleged that the defendants had developed an inadequate plan and that the plan’s inadequacies resulted in [the student’s] injury, the defendants would be entitled to official immunity. It is the total absence of any plan which precludes dismissal of the lawsuit.”

As stated in the trial court’s order, although the complaint alleged a failure to produce a safety plan, at oral argument on the motion for judgment on the pleadings,…