In McBrayer v. Scarbrough, 364 Ga. App. 112, 874 S.E.2d 146 (2022), this Court affirmed the trial courts grant of judgment on the pleadings in this case based on sovereign immunity. In McBrayer v. Scarbrough, 317 Ga. 387, 893 S.E.2d 660 (2023), the Supreme Court of Georgia reversed the judgment of this Court and concluded that sovereign immunity was waived because the underlying wrongful death arose from the sheriff deputies’ alleged negligent “use” of a covered motor vehicle under OCGA §§ 33-24-51 (b) and 36-92-2. We therefore vacate our prior opinion, adopt the Supreme Courts opinion as our own, and reverse the trial courts grant of judgment on the pleadings.
Judgment reversed.
Miller, Presiding Judge.
Rickman and Pipkin, JJ., concur.