Legal Opinion

City of Atlanta v. Lora Mersier

Court of Appeals of Georgia

Decided July 31, 2014No. A14A0602; A14A0691Published

1Opinion of the Court

Ray, Judge.

We granted interlocutory review to the City of Atlanta (the “City”) following the trial court’s denial of its motion for summary judgment in two tort actions related to a deadly collision that occurred after a high-speed police chase. The City asserted sovereign immunity. However, the trial court concluded that fact questions existed as to whether the City maintained a nuisance by, inter alia, failing to enforce its own high-speed pursuit policy. The City contends that the trial court erred in determining that a nuisance theory could apply in the context of police pursuit cases and…

2Cases cited14 opinions

  1. Mayor &C. of Savannah v. PalmerioSupreme Court of Georgia · 1978
  2. City of Bowman v. GunnellsSupreme Court of Georgia · 1979
  3. Hibbs v. City of RiverdaleSupreme Court of Georgia · 1996
  4. Martin v. Herrington Mill, LPCourt of Appeals of Georgia · 2012
  5. Miller v. Gerber Products Co.Supreme Court of Georgia · 1950

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