Whether official immunity applies to a Cobb County fire inspector who’d been assigned to direct traffic when a pedestrian got struck on his watch is now before the Georgia Court of Appeals to decide.

Before an intermediate appellate panel made up on Chief Judge Brian Rickman, Presiding Judge M. Yvette Miller and Judge John “Trea” Pipkin III, appellant attorneys argued a Fulton County trial court’s summary judgment dismissal erroneously failed to grant the Cobb County employee official immunity. But attorneys for the appellee maintained the defendant hadn’t been acting in a ministerial role when the plaintiff got hit by oncoming traffic, nixing immunity protections.

‘Discretionary Act’