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2018 Georgia Code 45-9-40 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 45-9-40 Case Law from Google Scholar Amendments to OCGA 45-9-40

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 9. Insuring and Indemnification of Public Officers and Employees, 45-9-1 through 45-9-110.

ARTICLE 3 EMPLOYEES OPERATING STATE MOTOR VEHICLES

45-9-40 through 45-9-43.

Reserved. Repealed by Ga. L. 2008, p. 245, § 4, effective July 1, 2008.

Editor's notes.

- This article consisted of Code Sections45-9-40,45-9-40.1, and45-9-41 through45-9-43 and was based on Ga. L. 1972, p. 347, §§ 1, 2; Ga. L. 1973, p. 1296, § 1; Ga. L. 1978, p. 256, § 1; Ga. L. 1985, p. 283, § 1; Ga. L. 1988, p. 310, § 1; Ga. L. 1990, p. 915, § 2; Ga. L. 1994, p. 307, § 1; Code 1981, § 45-9-40.1, enacted by Ga. L. 1994, p. 1717, § 5; Ga. L. 1997, p. 1453, § 1.

Cases Citing O.C.G.A. § 45-9-40

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Martin v. Georgia Dep't of Pub. Saf., 357 S.E.2d 569 (Ga. 1987).

Cited 99 times | Published | Supreme Court of Georgia | Jun 25, 1987 | 257 Ga. 300

...except to the extent that insurance has been purchased. 2. We next consider the question whether after the passage of Art. I, Sec. II, Par. IX of the 1983 Constitution, the purchase of insurance for department employees under OCGA Ch. 45-9 and OCGA § 45-9-40 results in a waiver of the sovereign immunity of the department itself and of the official immunity of the employees....
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Logue v. Wright, 392 S.E.2d 235 (Ga. 1990).

Cited 81 times | Published | Supreme Court of Georgia | Apr 20, 1990 | 260 Ga. 206

...998 (1988), and Price v. Dept. of Transp., 257 Ga. 535 (361 SE2d 146) (1987), does the applicability of sovereign immunity still turn on the distinction between ministerial and discretionary acts of public officials? B) Is a county required by OCGA § 45-9-40 and Toombs County v....
...The decision to rush to the scene of the disorder lay within his discretion. He exercised this discretion. The fact that he did so negligently does not place him outside the rule. To say that it did would render the rule meaningless. 2. Construing together OCGA §§ 45-9-40 and 33-24-51, one concludes that the legislature intended to require that the state procure liability insurance for the operation of state owned motor vehicles, but the procurement of similar insurance by counties and municipalities is discretionary....
...IX of the 1983 Constitution of the State of Georgia, counties as well as the state waive sovereign immunity to the extent that they have liability insurance. Nothing in Toombs County v. O'Neal requires that counties procure insurance. The foregoing discussion leads us to the following analysis: (1) OCGA § 45-9-40 requires the state to secure a blanket or group liability insurance policy covering its employees during the operation of any state owned motor vehicle....