Gatto et al. v. City of Statesboro et al.Annotate this Case
Michael and Katherine Gatto filed suit against the City of Statesboro and City Clerk Sue Starling, alleging negligence and maintenance of a nuisance, after their son, Michael, died following an altercation at a bar in the University Plaza area of the City. The trial court granted summary judgment to both defendants, based in part on sovereign immunity. The Court of Appeals affirmed as to the City, solely on the ground of sovereign immunity. The Georgia Supreme Court granted certiorari to address municipal immunity in the context of a nuisance claim. The Court held that the Citywasis immune from liability for the conduct alleged here, because municipalities never faced liability for a nuisance claim based on alleged conduct related to property they neither owned nor controlled, and "nothing in our Constitution alters that principle." Accordingly, judgment was affirmed.