McBrayer v. Scarbrough

Summary

The Supreme Court of Georgia reversed the Court of Appeals and remanded, holding that the statutory term “use” of a covered motor vehicle is broad enough to include loading and restraining a person in the vehicle, not limited to active transportation, thereby waiving sovereign immunity. The Court also clarified that review of a judgment‑on‑the‑pleadings motion is de novo. The opinion notes no dissent or concurrence.