Spalding County v. Blanchard

Phipps, Judge.

In this interlocutory appeal, the question is whether the plaintiff or the defendants bear the burden of showing waiver of a well-pled defense of sovereign immunity. The trial court placed the burden on the defendants. Because our case law places the burden on the plaintiff, we reverse.

Kenneth Blanchard, an inmate at the Spalding County Correctional Institute (SCCI), was assigned to a work detail. While performing manual labor, he received serious head injuries allegedly caused by the operation of a backhoe by a SCCI correctional officer. To recover damages, Blanchard sued…