A Georgia state court judge has dismissed the claim a former University of Georgia football player, who alleged that the school’s Athletic Association and one of its associate athletic directors were negligent for failing to execute on an insurance policy that would have protected him in the event of career-ending injury.
Decory Bryant was a decorated defensive back for the Bulldogs, who was projected to be drafted in the National Football League. But on October 25, 2003, Bryant suffered a career-ending spine injury in a game against the University of Alabama-Birmingham.
On October 21, 2003, he had met with co-defendant Hoke Wilder, an assistant athletics director, about establishing an insurance policy that would cover Bryant for up to $500,000. In fact Bryant allegedly informed Wilder that his parents were prepared to pay the premium of $5,103. Bryant claimed that Wilder never secured his signature for the paperwork. As an accomplished player, Bryant was eligible to participate in the Exceptional Student Athlete Disability Insurance Program.
After the injury, he sued the Athletic Association and Wilder, claiming negligence, and seeking $500,000 plus punitive damages.
On August 11, 2005, a state court denied the association’s motion to dismiss and deferred judgment on the motion to dismiss brought by Wilder. After discovery and renewed motions for summary judgment, the court reconsidered the arguments.
In its opinion, it noted that Wilder is a state employee and acted “at all times within the scope of his employment,” thwarting the plaintiff’s claim based on the Georgia Tort Claims Act and sovereign immunity.
As for the association, the court denied its motion for summary judgment on both the tort and contract liability issues, finding that “genuine issues of material fact” remain.
“However, the court now concludes from the factual record that UGAA is an arm of the state and is therefore entitled to assert sovereign immunity. The court finds that UGAA has waived its sovereign immunity for the alleged torts (of Wilder because he) was acting within the scope of his employment and his actions were ministerial.
“Having found that UGAA is an arm of the state and has waived sovereign immunity to the extent that its employee allegedly failed to perform a ministerial duty, the court is constrained to conclude that the plaintiff was obligated to follow the procedure for a anti-litem notice.”
In granting the association’s motion, the court wrote that it “lacks subject matter jurisdiction under the Georgia Tort Claims Act because the plaintiff has failed to file an ante litem notice prior to bringing suit.”
Bryant v. University of Georgia Athletic Association, Inc. et al.; Super. Ct. Athens-Clarke Co. Ga.; Civil Action No. SU-04-CV-2347-S; 12/9/09
Attorneys of Record: (for plaintiff) J. Hue Henry. (for defendants) Edward D. Tolley, G. Michael Banick and Thomas Carlock.
