Dog owner brought negligence action against hospital, sheriff, deputy sheriff, and operator of county animal control shelter arising from euthanization of dogs after owner was admitted to hospital. The Superior Court granted summary judgment in favor of all defendants. Owner appealed. The Court of Appeals reversed and remanded. Defendants filed for writ of certiorari, which was granted. The Supreme Court of Georgia reversed and remanded with direction.
On remand, the Court of Appeals held that fact issue as to whether deputy acted with actual malice and intent to injure owner precluded summary judgment.