Sumner v. Department of Human Resources

Birdsong, Presiding Judge.

Appellant/plaintiff Geneva Sumner, individually and as administratrix of the estate of her son, appeals the order of the superior court granting appellee/defendant Georgia Department of Human Resources’ (DHR) motion to dismiss. The trial court converted the motion to a motion for summary judgment, stating it had considered matters outside the pleadings.

This is a suit for damages brought against DHR. Appellant’s four-year-old son, Donovan Clark, was killed by a foster child placed with appellant by DHR. Appellant contends that DHR failed to disclose that the foster…