City of Fitzgerald v. Caruthers

I agree with the majority opinion that the trial court correctly denied the City of Fitzgerald’s motion for summary judgment on the basis of sovereign immunity because a jury issue exists as to whether the City had inferred or constructive notice of the rotten condition of the tree branch that fell and hit Caruthers. I concur specially to express disagreement with other conclusions reached by the majority.

“Sovereign immunity applies to municipalities, unless the General Assembly waives it by law. Ga. Const, of 1983, Art. IX, Sec. II, Par. IX.” Godfrey v. Ga. Interlocal Risk Mgmt. Agency, 290…