Georgians “Waive” Goodbye to the Prospect of Full Compensation in Car Wrecks Caused by Municipalities: Automatic Governmental Immunity Waiver’s Interplay with Liability Insurance
Arguably two of the most axiomatic interests the Georgia legislature must consider when enacting laws are the interests of local governments to carry out public works and individual citizens’ abilities to seek full and adequate relief when they have been injured by the wrong of another. For example, although police officers generally enjoy immunity for acts performed in their official capacity, there is also a compelling government interest in allowing individuals to recover for a police officer’s negligent or reckless conduct, recoveries which often repay local hospitals or government insurance systems for treatment otherwise covered by taxpayer dollars. These two principles of law are often at odds with one another, which tasks both the legislature and the courts with the difficult—and sometimes seemingly impossible—job of forging a workable compromise.
Latty, W. Jackson
"Georgians “Waive” Goodbye to the Prospect of Full Compensation in Car Wrecks Caused by Municipalities: Automatic Governmental Immunity Waiver’s Interplay with Liability Insurance,"
Mercer Law Review: Vol. 74:
2, Article 17.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol74/iss2/17