Schulze v. DeKalb Cnty., 496 S.E.2d 273 (Ga. Ct. App. 1998). · Go Syfert
Schulze v. DeKalb Cnty., 496 S.E.2d 273 (Ga. Ct. App. 1998). Cases Citing This Book View Copy Cite
34 citation events (19 in the last 25 years) across 4 distinct courts.
Strongest positive: Anthony Wilson v. EMT Sean Flack (ca11, 2022-09-27)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 13 distinct citers.
discussed Cited as authority (rule) Anthony Wilson v. EMT Sean Flack
11th Cir. · 2022 · confidence medium
Rather, it is a discretionary task, requiring the exercise of personal judgment to determine how best to proceed.” (internal citation and quota- tions marks omitted and alterations adopted)); Schulze v. DeKalb County, 230 Ga. App. 305, 308 (Ga. App. 1998) (granting official immunity to paramedics, and explaining that they “exercised per- sonal deliberation and judgment in delaying transportation of [the patient] to the hospital for several minutes”).
discussed Cited as authority (rule) Keele v. Glynn County
S.D. Ga. · 2013 · confidence medium
Oct. 30, 2008) (“Georgia law clearly provides that the determination of what medical treatment to provide is ar act of discretion subject to official immum ty.” (citing Schmidt v. Adams, 211 Ga.App 156, 438 S.E.2d 659, 660-61 (1993) and Schulze v. DeKalb Cnty., 230 Ga.App. 305 , 496 S.E.2d 273, 276 (1998))).
discussed Cited as authority (rule) Polk County v. Ellington
Ga. Ct. App. · 2010 · confidence medium
A copy of the report was then given to the hospital emergency room, at the time the patient was delivered. 7 Lincoln County v. Edmond, 231 Ga. App. 871, 872 (1) ( 501 SE2d 38 ) (1998). 8 Woodard v. Laurens County, 265 Ga. 404, 405 (1) ( 456 SE2d 581 ) (1995). 9 Harry v. Glynn County, 269 Ga. 503 ( 501 SE2d 196 ) (1998). 10 Robinson v. DeKalb County, 261 Ga. App. 163, 165 (2) ( 582 SE2d 156 ) (2003). 11 Saylor v. Troup County, 225 Ga. App. 489, 489 ( 484 SE2d 298 ) (1997). 12 Clive v. Gregory, 280 Ga. App. 836, 841 (2) ( 635 SE2d 188 ) (2006). 13 McDowell v. Smith, 285 Ga. 592, 593 ( 678 SE2d 9…
discussed Cited as authority (rule) Bonner v. Peterson
Ga. Ct. App. · 2009 · confidence medium
A. Mann & Co., 273 Ga. App. 716, 720 ( 616 SE2d 98 ) (2005). 18 Howard v. State of Ga., 226 Ga. App. 543 (1) ( 487 SE2d 112 ) (1997). 19 Cummings v. Ga. Dept. of Juvenile Justice, 282 Ga. 822, 828 ( 653 SE2d 729 ) (2007). 20 Porter v. Guill, 298 Ga. App. 782, 787 (1) (c) ( 681 SE2d 230 ) (2009). 21 Green v. Central State Hosp., 275 Ga. App. 569, 572 (2) ( 621 SE2d 491 ) (2005). 22 Schulze v. DeKalb County, 230 Ga. App. 305, 309 (3) ( 496 SE2d 273 ) (1998). 23 Lawhorne v. Harlan, 214 Va. 405 ( 200 SE2d 569 ) (1973), rev’d on other grounds, First Virginia Bank-Colonial v. Baker, 225 Va. 72 ( 3…
discussed Cited as authority (rule) Rutherford v. DeKalb County
Ga. Ct. App. · 2007 · confidence medium
Ruffin and Bernes, JJ., concur. 1 Ewing v. City of Atlanta, 281 Ga. 652, 653 (2) ( 642 SE2d 100 ) (2007). 2 Rutherford also brought claims under theories of respondeat superior and stubborn litigiousness, but she does not challenge the dismissal of those claims. 3 Gilbert v. Richardson, 264 Ga. 744, 747 (2) ( 452 SE2d 476 ) (1994). 4 Schulze v. DeKalb County, 230 Ga. App. 305, 307 (1) ( 496 SE2d 273 ) (1998). 5 Johnson v. Chatham County, 167 Ga. App. 283, 284 (1) ( 306 SE2d 310 ) (1983). 6 Miree v. United States, 242 Ga. 126, 133 ( 249 SE2d 573 ) (1978). 7 Purser v. Dodge County, 188 Ga. 250, …
discussed Cited as authority (rule) Blackston v. Georgia Department of Public Safety
Ga. Ct. App. · 2005 · confidence medium
Pinkston, Assistant Attorney General, for appellee. 1 OCGA §40-6-6. 2 OCGA § 50-21-20 et seq. 3 OCGA § 50-21-24 (6). 4 236 Ga. App. 638 ( 512 SE2d 910 ) (1999). 5 Schulze v. DeKalb County, 230 Ga. App. 305, 306 ( 496 SE2d 273 ) (1998) (citations and punctuation omitted); see English v. Fulton County Bldg.
discussed Cited as authority (rule) Anderson v. Barrow County
Ga. Ct. App. · 2002 · confidence medium
Johnson, P. J, and Miller, J., concur. 1 Hot Shot Express v. Assicurazioni Generali, S.P.A., 252 Ga. App. 372, 373 ( 556 SE2d 475 ) (2001). 2 Kaylor v. Atwell, 251 Ga. App. 270, 272 (2) ( 553 SE2d 868 ) (2001). 3 Phillips v. Walls, 242 Ga. App. 309, 311 (1) ( 529 SE2d 626 ) (2000). 4 Schulze v. DeKalb County, 230 Ga. App. 305, 308 ( 496 SE2d 273 ) (1998). 5 Ridley v. Johns, 274 Ga. 241 ( 552 SE2d 853 ) (2001). 6 Logue v. Wright, 260 Ga. 206, 208 (1) ( 392 SE2d 235 ) (1990). 7 Gilbert v. Richardson, 264 Ga. 744, 753 (6) ( 452 SE2d 476 ) (1994). 8 Harry v. Glynn County, 269 Ga. 503, 505 (2) ( 50…
discussed Cited as authority (rule) Board of Public Safety v. Jordan
Ga. Ct. App. · 2001 · confidence medium
Bd., 273 Ga. 715, 717 (3) ( 545 SE2d 875 ) (2001). 8 Ga. Military College v. Santamorena, 237 Ga. App. 58, 60 (1) ( 514 SE2d 82 ) (1999). 9 Dept. of Human Resources v. Hutchinson, 217 Ga. App. 70, 71-72 (1) ( 456 SE2d 642 ) (1995). 10 Jordan also claims that he should have been able to argue at trial that the Board made “false” statements concerning his job performance and that such conduct caused him distress. 11 Brantley v. Dept. of Human Resources, 271 Ga. 679, 680 ( 523 SE2d 571 ) (1999). 12 Schulze v. DeKalb County, 230 Ga. App. 305, 308 (2) ( 496 SE2d 273 ) (1998). 13 Federal courts …
cited Cited as authority (rule) Howard v. City of Columbus
Ga. Ct. App. · 1999 · confidence medium
Early County v. Fincher, 184 Ga. App. 47, 49 (2) ( 360 SE2d 602 ) (1987).” (Punctuation omitted.) Schulze v. DeKalb County, 230 Ga. App. 305, 307 ( 496 SE2d 273 ) (1998).
cited Cited as authority (rule) Firstline Corp. v. Valdosta-Lowndes County Industrial Authority
Ga. Ct. App. · 1999 · confidence medium
Schulze v. DeKalb County, 230 Ga. App. 305, 306 ( 496 SE2d 273 ) (1998).
discussed Cited "see" Touchton v. Bramble (2×)
Ga. Ct. App. · 2007 · signal: see · confidence high
See Schulze v. DeKalb County, 230 Ga. App. 305, 306 ( 496 SE2d 273 ) (1998). 3 The battery claim against Wild Adventures apparently relates to Hart’s effort to assist Bramble in handcuffing Mr. Touchton. 4 An earlier Supreme Court case suggests that this probable cause determination can be overcome if the plaintiff proves that the order denying the motion for directed verdict of acquittal“was procured by use of fraud or corruption.” Akins v. Warren, 258 Ga. 853, 854 (2) (375 *167 SE2d 605) (1989); see also Condon v. Vickery, 270 Ga. App. 322, 324 (1) ( 606 SE2d 336 ) (2004) (citing Akins…
discussed Cited "see" Outdoor Systems, Inc. v. Cherokee County (2×)
Ga. Ct. App. · 2000 · signal: see · confidence high
See Schulze v. DeKalb County, 230 Ga. App. 305, 306 ( 496 SE2d 273 ) (1998). 1.
discussed Cited "see, e.g." Shekhawat v. Jones (2×)
Ga. · 2013 · signal: see also · confidence medium
See also Schulze v. DeKalb County, 230 Ga. App. 305, 308 (3) ( 496 SE2d 273 ) (1998) (noting Keenan’s “limited scope” in declining to apply it to the county-employed paramedics).
SCHULZE Et Al.
v.
DeKALB COUNTY Et Al.
A97A1890.
Court of Appeals of Georgia.
Jan 9, 1998.
496 S.E.2d 273
The Keenan Law Firm, Don C. Keenan, Charles H. Allen, for appellants., Jonathan A. Weintraub, Joan F. Roach, Elizabeth T. Marinetti, for appellees.
Ruffin, Birdsong, Eldridge.
Cited by 16 opinions  |  Published
Ruffin, Judge.

Carmen Schulze and Albert Scales (“the plaintiffs”) sued DeRalb County, the DeRalb County Board of Commissioners and two DeRalb County paramedics for injuries suffered by their minor son, Albert Scales IV (“Albert IV”). The plaintiffs alleged that as a result of the paramedics’ negligence in timely failing to diagnose Schulze’s pregnancy complications and transport her to the hospital prior to the birth of Albert IV, he suffered from fetal distress and perinatal asphyxia resulting in mental retardation and developmental delays. In addition to averring negligence, the plaintiffs included a breach of implied contract claim relating to the paramedics’ alleged failure “to exercise a reasonable degree of care and skill in the management of the transfer of Carmen Schulze. . . .” The trial court granted the[*306] defendants’ motion to dismiss, concluding that the county was entitled to sovereign immunity and the paramedics were entitled to official immunity to the extent they had been sued in their individual capacity. The court also dismissed the plaintiffs’ contract claim on sovereign immunity grounds because the purported contract was implied, not written. The plaintiffs appealed, and for reasons which follow, we affirm.

As it appears that the trial court considered matters outside the pleadings in ruling on the defendants’ motion to dismiss, the motion was converted to one for summary judgment. [1] OCGA § 9-11-12; White House v. Winkler, 202 Ga. App. 603, 605-606 (415 SE2d 185) (1992). Accordingly, we must determine in this appeal whether, under the summary judgment standard of review, the defendants met their burden of “showing that there was no genuine issue as to any material fact and that [they were] entitled to judgment as a matter of law.” (Citations and punctuation omitted.) Id. at 606. In making such determination, we review the evidence de novo. Moore v. Food Assoc., 210 Ga. App. 780, 781 (437 SE2d 832) (1993).

The record reveals that at approximately 8:00 a.m. on September 15, 1994, Schulze, who was 33 years of age and pregnant, began experiencing vaginal bleeding. At 8:17 a.m., she called 911 and requested an ambulance. DeKalb paramedics were dispatched and arrived at Schulze’s home at approximately 8:23 a.m. Upon entering the home, the paramedics noted blood on the floor and running down Schulze’s legs. The paramedics delayed transporting Schulze to the hospital in order to find someone to care for Schulze’s small child who was at her home. Schulze was admitted to DeKalb Medical Center at approximately 9:00 a.m. An emergency cesarean section was performed at approximately 9:06 a.m., and Albert IV was delivered at 9:11 a.m. Albert IV suffered from fetal distress and perinatal asphyxia.

1. Pursuant to the 1991 amendment to the Georgia Constitution, “sovereign immunity extends to the state and all of its departments and agencies.” Ga. Const, of 1983, Art. I, Sec. II, Par. IX (e). This immunity also extends to counties. Gilbert v. Richardson, 264 Ga. 744, 746 (2) (452 SE2d 476) (1994). “The sovereign immunity of the state and its departments and agencies can only be waived by an Act of the General Assembly which specifically provides that sovereign immunity is thereby waived and the extent of such waiver.” Ga. Const, of 1983, Art. I, Sec. II, Par. IX (e).

Additionally, OCGA § 36-1-4 provides that “[a] county is not lia[*307] ble to suit for any cause of action unless made so by statute.” “This includes actions brought under a theory of negligence . . .” as the plaintiffs have asserted in this case. Early County v. Fincher, 184 Ga. App. 47, 49 (2) (360 SE2d 602) (1987).

In their complaint, the plaintiffs did not state what Georgia law they claim made the county liable under a theory of negligence. Nor did the plaintiffs aver that the county waived its immunity by the purchase of insurance. In their response to the defendants’ motion, the plaintiffs asserted that the county waived its immunity to the extent it purchased liability insurance. But, they failed to show the type of liability insurance purchased or under what statutory authority the purchase resulted in a waiver of the county’s immunity. Eventually, in their response brief on appeal, the plaintiffs claimed that the county waived its immunity by purchasing liability insurance as set forth in OCGA § 33-24-51.

OCGA § 33-24-51 (a) provides that “a county ... is authorized in its discretion to secure and provide insurance to cover liability for damages on account of bodily injury or death resulting from bodily injury to any person or for damage to property of any person, or for both arising by reason of ownership, maintenance, operation, or use of any motor vehicle by the . . . county . . . under its management, control, or supervision, whether in a governmental undertaking or not, and to pay premiums for the insurance coverage.” OCGA § 33-24-51 (b) provides that whenever a county purchases insurance as authorized by OCGA § 33-24-51 (a) “to provide liability coverage for the negligence of any duly authorized officer, agent, servant, attorney, or employee in the performance of his official duties, its governmental immunity shall be waived to the extent of the amount of insurance so purchased.” “OCGA § 33-24-51 (a) gives counties the right to purchase insurance; OCGA § 33-24-51 (b) describes when insurance operates to waive sovereign immunity.” Blumsack v. Bartow County, 223 Ga. App. 392, 393 (1) (477 SE2d 642) (1996).

In granting the defendants’ motion, the trial court held that “no statutory waiver applicable to the facts here has been cited, and none has been discovered by the [cjourt.” We agree. There is no evidence in the record that the county is without immunity pursuant to Georgia law or that the county waived its immunity by the purchase of insurance. Accordingly, we conclude that the county had sovereign immunity, and that this immunity had not been waived.

2. We also hold that the DeKalb County paramedics were entitled to official immunity. “The doctrine of official immunity, developed primarily in Georgia through case law, provides that while a public officer or employee may be personally liable for his negligent ministerial acts, he may not be held liable for his discretionary acts unless such acts are wilful, wanton, or outside the scope of his[*308] authority. [Cits.]” Gilbert, supra at 752 (6). “ ‘A ministerial act is commonly one that is simple, absolute, and definite, arising under conditions admitted or proved to exist, and requiring merely the execution of a specific duty. A discretionary act, however, calls for the exercise of personal deliberation and judgment, which in turn entails examining the facts, reaching reasoned conclusions, and acting on them in a way not specifically directed.’ [Cit.]” Johnson v. Gonzalez, 223 Ga. App. 646, 647 (478 SE2d 410) (1996).

In light of the above, we conclude the paramedics’ actions in the instant case were clearly discretionary. Upon arriving at Schulze’s home, the paramedics examined the facts: Schulze was bleeding but was capable of walking down stairs and her small child was the only other person at home with her. They exercised personal deliberation and judgment in delaying transportation of Schulze to the hospital for several minutes to make certain that the small child would not be left home alone.

Given that the paramedics’ actions were discretionary, their actions had to be “wilful, wanton, or outside the scope of [their] authority” for there to be no immunity. Gilbert, supra at 752 (6). The plaintiffs do not allege in their complaint, nor is there any evidence, that the paramedics’ actions were wilful, wanton or outside the scope of their authority. Accordingly, they are afforded official immunity.

3. Relying on the Supreme Court of Georgia’s holding in Keenan v. Plouffe, 267 Ga. 791 (482 SE2d 253) (1997), the plaintiffs argue that the paramedics cannot hide behind the shield of official immunity because they were exercising their independent medical judgment in treating Schulze.

In Keenan, a physician operated on a private-pay patient at the Medical College of Georgia Hospital. At the time of the surgery, the physician was also a faculty member at the Medical College. The surgery resulted in brain damage to the patient, for which the patient’s husband sued the physician. The court ruled that the physician was not acting within the course of his official duties as a state employee in treating the patient because the duties he was alleged to have violated were independent of his duties as a professor at the Medical College. Id. at 793. The court concluded that “[b]ecause the purpose of official immunity is not furthered by construing the phrase ‘official duties’ to encompass the exercise of medical discretion with regard to private-pay patients, we decline to construe that phrase to provide protection in this case.” Id. at 796.

While the plaintiffs attempt to apply Keenan to the instant case, the Supreme Court limited the scope of Keenan by stating that “[b]ecause this case involves the exercise of a medical discretion on a private-pay patient that was not controlled by the government employer or by statute, we do not consider whether immunity is[*309] appropriate for state-employed physicians who are required to treat particular patients, or who are alleged to have violated governmental, as opposed to medical, responsibilities, or whose medical discretion is controlled or impacted by governmental standards or constraints.” Id. at 796, n. 17. Given the limited scope of Keenan, it is inapplicable to county-employed paramedics who are not physicians and who did not treat a private-pay patient.

Decided January 9, 1998 Reconsideration denied January 23, 1998 The Keenan Law Firm, Don C. Keenan, Charles H. Allen, for appellants. Jonathan A. Weintraub, Joan F. Roach, Elizabeth T. Marinetti, for appellees.

Additionally, the purpose of official immunity is promoted by extending it to government-employed paramedics. In fact, the legislature, in order to further protect persons rendering emergency care for no remuneration, enacted OCGA § 31-11-8. [2] In providing immunity under OCGA § 31-11-8, the legislature “recognized that insurance for civil liability covered by the exemption would be extremely expensive and difficult to obtain. This problem, combined with the virtually unlimited potential civil liability, could be enough to drive many providers of ambulance service out of the business and greatly discourage others from entering. The effect, in many areas of the state, would be to make emergency ambulance service virtually unobtainable.” Anderson v. Little & Davenport Funeral Home, 242 Ga. 751, 754 (2) (251 SE2d 250) (1978).

Accordingly, we conclude that Keenan is inapplicable in the instant case and that the paramedics were entitled to official immunity for the performance of their discretionary duties.

4. The plaintiffs do not present any argument on appeal concerning the dismissal of the breach of an implied contract claim, and thus any claim of error is deemed abandoned. See Court of Appeals Rules 22 (d) and 27 (c) (2).

Judgment affirmed.

Birdsong, P. J., and Eldridge, J., concur.
1

In its order, the trial court stated that it considered “all matters of record” in making its determination.

2

OCGA § 31-11-8 (a) provides “[a]ny person, including agents and employees, who is licensed to furnish ambulance service and who in good faith renders emergency care to a person who is a victim of an accident or emergency shall not be liable for any civil damages to such victim as a result of any act or omission by such person in rendering such emergency care to such victim.”