Primas v. City of MilledgevilleAnnotate this Case
Lucious Primas was injured while driving a prison work-detail van owned by the City of Milledgeville. The van was leased to the Georgia Department of Corrections but pursuant to contract, the City was responsible for maintaining the vehicle and purchasing insurance policies. On the day of the accident, as Primas approached an intersection, the brake line failed. Primas was able to steer the car off the road, but he was injured when he collided with a utility pole. Primas sued the City, alleging it was negligent by failing to inspect and maintain the vehicle’s brake lines. The trial court denied the City’s motion for summary judgment in which it claimed the maintenance and inspection of a brake line was a discretionary act for which its sovereign immunity had not been waived. The Court of Appeals reversed, holding that Primas’ claim against the City was barred under the doctrine of sovereign immunity because the alleged negligent act was a discretionary act for which sovereign immunity had not been waived under Georgia law. Because the Supreme Court found that the proper analysis was not applied, it vacated the Court of Appeals' decision and remanded the case for reconsideration.