MICHAEL et al v. HOUSTON COUNTY SCHOOL DISTRICT et al

Filing 14

ORDER DENYING 9 Motion to Dismiss for Failure to State a Claim. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 4/28/2015. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
MARY ANGELA MICHAEL and
JEFFREY MICHAEL,

Plaintiffs,
v.
HOUSTON COUNTY SCHOOL
DISTRICT, RICK H. TRAN, SERGIO
AVILA-MONTERO, and MELISSA
GUZMAN,
Defendants.

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CIVIL ACTION NO. 5:15-CV-52 (MTT)

ORDER
The Plaintiffs allege Defendant Rick Tran was driving a Houston County school
bus when he slammed into the rear of a pickup truck, forcing it to slam into the rear of
Plaintiff Mary Angela Michael’s vehicle. (Doc. 1 at ¶ 9). Defendant Tran has moved to
dismiss, arguing that he is entitled to official immunity because he was acting within the
scope of his employment “when he committed the alleged negligent discretionary
act(s).” (Doc. 9-1 at 3). Defendant Tran’s alleged driving activities, however, are not
the type of “discretionary acts” required to “invoke or compel or warrant the cloak of
governmental immunity to insulate the activity from alleged actionable negligence.”
Shuman v. Dyess, 175 Ga. App. 213, 216, 333 S.E.2d 379, 383 (1985). Under Georgia
law, they are “more properly characterized as ministerial.” Id. at 216, 333 S.E.2d at
382; see also Lincoln County v. Edmond, 231 Ga. App. 871, 874, 501 S.E.2d 38, 41-42
(1998). Therefore, the motion to dismiss (Doc. 9) is DENIED.

SO ORDERED, this 28th day of April, 2015.

S/ Marc T. Treadwell
MARC T. TREADWELL
UNITED STATES DISTRICT COURT