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SPALDING COUNTY v. BLANCHARD

No. A05A1620.

620 S.E.2d 659 (2005)

275 Ga. App. 448

SPALDING COUNTY et al. v. BLANCHARD.

Court of Appeals of Georgia.

Certiorari Denied January 17, 2006.

Attorney(s) appearing for the Case

Swift, Currie, McGhee & Hiers, Christopher D. Balch, Atlanta, for appellants.

Dock H. Davis, Franklin, for appellee.

PHIPPS, Judge.

In this interlocutory appeal, the question is whether the plaintiff or the defendants bear the burden of showing waiver of a well-pled defense of sovereign immunity. The trial court placed the burden on the defendants. Because our case law places the burden on the plaintiff, we reverse.

Kenneth Blanchard, an inmate at the Spalding County Correctional Institute (SCCI), was assigned to a work detail. While performing manual labor, he received...

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