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Garden City, Ga. v. Herrera

The defendant city was entitled to summary judgment on the plaintiff's negligence claims pursuant to the borrowed servant doctrine, as the city police officer involved in the motor vehicle collision that injured the plaintiff was under the "exclusive directive supervision and authority" of a county-city task force commander at the time of the accident and the county had the unilateral right to discharge the officer from the specific task he was performing.

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Garden City, Georgia the “City” appeals the trial court’s denial of its motion for summary judgment in a negligence action brought by Ann J. Herrera, as conservator of adult ward Lisa Nicolle Muse. On appeal, the City argues that the trial court erred in 1 finding that it could be held liable because the requirements of the borrowed-servant rule were not satisfied, and 2 failing to apply the rules of contract construction in making that determination. For the reasons set forth infra, we reverse.

Viewed in the light most favorable to Herrera i.e., the nonmoving party,1 the record shows that on March 25, 1994, the City and Chatham County, Georgia the “County” entered into a County-City Agreement for Drug Enforcement Activities the “Agreement”. This Agreement resulted in the formation of the Counter Narcotics Team the “CNT” or “Drug Unit”, a multijurisdictional task force.2 And under the terms of the Agreement, the City had the right to assign at least one of its police officers to the CNT for a 27-month “tour of duty,” which could be extended if necessary. Officers who were assigned by the City to the CNT remained employees of the City, and while the CNT’s commanding officer and the City’s police chief could both remove an assigned officer from his tour of duty, only the City could terminate an assigned officer’s employment as a City officer. However, during an officer’s tour of duty, the City conferred “exclusive directive supervision and authority” over the officer to the CNT commander.

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