286 Ga. App. 889 - Nichols v. Prather’s Empirical Analysis

Citation profile

16 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A ministerial act is commonly one that is simple, absolute, and definite, arising under conditions admitted or proved to exist, and requiring merely the execution of a specific duty. A discretionary act, however, calls for the exercise of personal deliberation and judgment, which in turn entails examining the facts, reaching reasoned conclusions, and acting on them in a way not specifically directed.”

   1 later decision quote this exact passage
   e.g. Speight v. Griggs

2. “where the relevant facts pertaining to immunity are in dispute, the trial court is without authority to resolve those factual issues on a motion for summary judgment. A jury must resolve the factual issues, after which the trial court “determined whether the employee’s acts were discretionary or ministerial and, thus, whether the employee is entitled to official immunity.”

   1 later decision quote this exact passage
   e.g. Speight v. Griggs

3. “On appeal from the grant of a motion for summary judgment, we conduct a de novo review of the law and evidence, viewing the evidence in the light most favorable to the nonmovant, to determine whether a genuine issue of material fact exists and whether the moving party was entitled to judgment as a matter of law. 2”

   1 later decision quote this exact passage
   e.g. 302 Ga. App. 19 - Mayo v. OLD DOMINION FREIGHT LINE, INC.