Supreme Court of Georgia
Wyno v. Lowndes County
February 18, 2019824 S.E.2d 297
Summary
The Court affirmed summary judgment for four Lowndes County animal-control employees in a wrongful-death action arising from a fatal dog attack. It held that the employees' duties under the applicable animal-control law were discretionary rather than ministerial and that the record contained no evidence of actual malice or intent to injure, so official immunity barred the claims against them. The Court did not reach the constitutional challenge to the statutory immunity provision. Presiding Justice Nahmias, concurring, joined the opinion but questioned whether prior constitutional precedents extending the provision to counties and municipalities should be reconsidered.