Rowe v. State Board of Pardons & Parole

Phipps, Judge.

Kimberly Lynn Rowe died in an automobile collision involving a car driven by Robert Lee Fuller, who was on parole at the time. Daryl Eugene Rowe, as the administrator of Kimberly Rowe’s estate, sued the State Board of Pardons & Parole, claiming that the Board’s negligent supervision of Fuller was a proximate cause of her death. The trial court granted the Board’s motion to dismiss because the Board’s supervision of Fuller was a discretionary function of the State, which, under the Georgia Tort Claims Act, is not subject to liability. We agree and affirm.

“[A] motion to dismiss…