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Calloway v. City of Warner Robins

A city and a city clerk were entitled to sovereign immunity in the plaintiffs' wrongful death action alleging that the city and the clerk negligently issued a business license to a daycare facility that left their son in an automobile, resulting in his death from heat stroke.

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The appeal in this wrongful death action is from the grant of summary judgment to a city and city clerk on sovereign immunity grounds. Because there exist no genuine issues of material fact as to the applicability of the doctrine of sovereign immunity, we affirm.

Summary judgment is appropriate when no genuine issues of material fact remain and the moving party is entitled to judgment as a matter of law. Stennette v. Miller, 316 Ga. App. 425, 426 729 SE2d 559 2012 citation omitted. On appeal, we review a trial court’s grant or denial of summary judgment de novo, construing the evidence and all reasonable inferences therefrom in the light most favorable to the nonmoving party. SKC, Inc. v. eMag Solutions, 326 Ga. App. 798 755 SE2d 298 2014.

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