Judge Tammy Long Hayward heard argument Jan. 14 on a Rule 12(b)(6) motion in Viola Hogan’s negligence suit against Clayton County stemming from an alleged July 7, 2023 slip‑and‑fall at Lake Spivey Recreation Center.

Plaintiff’s attorney Kiel Terede told the court Hogan, a senior who uses a walker, slipped when her walker got caught on unsecured carpet at an exit door and that the case concerns routine safety maintenance rather than discretionary policymaking. Terede argued the Georgia Constitution and OCGA provisions permitting waiver of sovereign immunity through liability insurance or where ministerial duties are involved require discovery before immunity can be decided.

County counsel responded that the Clayton County Board of Commissioners is not an entity subject to suit and that sovereign immunity bars plaintiff’s state‑law claims absent a specific legislative waiver. Defense counsel cited precedent applying sovereign immunity to slip‑and‑fall claims on county premises and argued the motor‑vehicle statutory waivers cited by plaintiff do not apply.

Hayward asked both sides to submit the court the controlling authorities and said she would issue a decision based on the briefs and the oral arguments. The judge emphasized that the motion at this stage is about whether the complaint, if true, states a claim that would entitle the plaintiff to relief, and reserved ruling pending further consideration.

The dispute centers on whether securing carpet and maintaining safe walking surfaces are ministerial duties (which can overcome immunity) or discretionary policy decisions (which generally remain protected). The court’s forthcoming order will decide whether Hogan may proceed to discovery.