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Currid v. DeKalb State Court Probation Dep't7/12/2005
iles per hour or traveling more than 2/10 of a mile between stops. Currid and Simpson remained on the rear of the truck, however, as it made a left hand turn from a residential neighborhood onto six-lane Lawrenceville Highway, which has a 35 mile per hour speed limit. Hoskins was driving about 15 miles per hour. As the truck turned from Lawrenceville Highway onto a side street, Currid fell off the back of the truck, and ultimately died as a result of the injuries received.
1. Preliminarily, we must address several shortcomings in the Appellants' brief, which have greatly hampered our review. First, Appellants have submitted a compound enumeration of errors in violation of this court's rules.
Our requirements as to the form of appellate briefs were created not to provide an obstacle, but to aid parties in presenting their arguments in a manner most likely to be fully and efficiently comprehended by this Court; a party will not be granted relief should we err in deciphering a brief which fails to adhere to the required form.
Furthermore, the sequence of Appellants' argument does not follow the enumeration of errors, making it difficult for the court to identify which arguments apply to each alleged error. And, although Appellants provide a detailed factual summary, they have not related these facts to the appropriate analysis, leaving us to determine the facts which might support each argument. We take this opportunity to remind counsel that failure to adhere to this Court's rules may subject the offending party and/or counsel to a finding of contempt and/or dismissal of an appeal. Nonetheless, to the extent we are able to ascertain those errors properly raised and preserved with argument and citation, we have attempted to do so. All other arguments are deemed abandoned.
2. For the reasons set forth in division one, Appellants' arguments on appeal are not entirely clear. Appellants contend that the trial court erred in granting summary judgment in favor of various defendants. Appellants also cite generally to several legal principles, which they arguably contend support their claims. Specifically, Appellants cite to OCGA ยง 42-8-71 (d) (the "Community Service Act"), which governs participation of probationers in community service programs. Appellants also point to DeKalb County policies, which allegedly were violated. Keeping these legal principles in mind, we address whether the trial court erred in granting summary judgment to the various defendants.
The Community Service Act limits the liability of an agency and its employees for actions taken as part of a community service program for probationers. An agency or employee has immunity from claims of ordinary negligence, and can only be held liable for actions "which constitute gross negligence, recklessness, or willful misconduct." Therefore, DeKalb County, the DOC, Carter and Gabriel ("Appellees") are entitled to summary judgment if they can show that, as a matter of law, the record contains no evidence that their actions towards Currid in the community service program constituted gross negligence, recklessness, or willful misconduct.
"Gross negligence is defined as the failure to exercise that degree of care that every man of common sense, however inattentive he may be, exercises under the same or similar circumstances; or lack of the diligence that even careless men are accustomed to exercise." Recklessness is a conscious disregard for the safety of others. Willful misconduct "is based on an actual intention to do harm or inflict injury."
(a) Appellants contend that genuine issues of material fact exist as to whether DeKalb County was grossly negligent (1) in failing to ensur
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