October 20, 2015

            In an action brought by school principal, Laverne Halliburton, claiming racial discrimination against her former school district and district officials, the Court held that the defendants were entitled to sovereign and qualified immunity in their official capacities but that immunity was precluded in their individual capacities.  Liberty County School Dist. V. Halliburton, 762 S.E.2d 138 (Ga. App. 2014).  In 2011, the Liberty County S...

October 13, 2015

A landlord’s commercial liability insurer, Georgia Farm Bureau Mutual Insurance Company, brought an action against the landlord and tenant for declaratory judgment that tenant’s personal injury lawsuit was excluded by a pollution clause.  Smith v. Georgia Farm Bureau Mut. Ins. Co., 771 S. E.2d 452 (Ga. App. 2015).  Plaintiff, Amy Smith, and her daughter, began renting a home from Bobby Chupp in 2007.  While they were living there, the paint in the home started to chip and crack, and Smith’s daug...

October 13, 2015

Georgia Court of Appeals, in Bartow County, reversed the denial of summary judgment to Kevin Butler, a middle school teacher, in a personal injury action brought by a student.  Butler v. Doe, 762 S.E.2d 145 (Ga. App. 2014).  Jane Doe sought to recover for injuries she suffered when she was sexually assaulted by another student as a result of Butler’s alleged failure to properly supervise the students.  During the afternoon at issue, there was a color guard presentation followed by a choral conce...

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