Georgia § 36-92-3 - No employee liability; parties to litigation; evidence; bar to further recovery.

§ 36-92-3. No employee liability; parties to litigation; evidence; bar to further recovery.

Any local government officer or employee who commits a tort involving the use of a covered motor vehicle while in the performance of his or her official duties is not subject to lawsuit or liability therefor. Nothing in this chapter, however, shall be construed to give the local government officer or employee immunity from suit and liability if it is proved that the local government officer's or employee's conduct was not within the performance of his or her official duties. A person bringing an action against a local government entity under the provisions of this chapter shall name as a party defendant the local government entity for which the officer or employee was acting and shall not name the local government officer or employee individually. In the event that the local government officer or employee is individually named for an act for which the local government entity is liable under this chapter, the local government entity for which the local government officer or employee was acting shall be substituted as the party defendant. For the purpose of presenting evidence at the trial of a case brought under the waiver provisions of this chapter, a plaintiff calling as a witness the present or former local government officer or employee whose alleged tort forms the basis of the claim against the local government entity defendant shall be allowed to subject such witness to cross-examination. Subject to the provisions contained in Code Sections 51-1-32 through 51-1-34, a settlement or judgment in an action or settlement on a claim brought pursuant to this chapter constitutes a complete bar to any further action by the claimant against a local government officer or employee or the local government entity by reason of the same occurrence. This chapter shall not waive the workers' compensation exclusive remedy when local government officers or employees are injured on the job. (Code 1981, § 36-92-3 , enacted by Ga. L. 2002, p. 579, § 3.) Code Commission notes. - Pursuant to Code Section 28-9-5, in 2002, in subsection (d), a comma was added following "51-1-34" and a comma was deleted following "or employee".