The appellant, J. Gail Smith, commenced this action against the Mayor and Aldermen of the City of Savannah, seeking damages for injuries she sustained when the lid of a city-owned garbage dumpster fell and struck her head. The trial court granted summary judgment for the defendants because of sovereign immunity, and this appeal followed. Held: The appellant seeks to invoke the exception, based on the fact that the revenues collected by the city sanitation bureau in this case were paid into the city's general funds, and thus could be used to finance other city operations. City of Atlanta v. Whatley, supra. City records for the past decade, however, reflect hefty operating losses for the sanitation bureau every year, with the lowest margin of expenditures exceeding revenues being three to one during that span of time. Profit margin alone may not be dispositive of the issue of whether a municipal operation is primarily a business enterprise or a governmental function, but in this case, where the city continued the garbage collection service year after year despite the rank operating losses, the only reasonable conclusion is that the city maintained the garbage collection service as a public service and not as a business enterprise. Accordingly, the trial court properly granted summary judgment for the appellees. |