GA SUPREME COURT REVERSES RULING IN TIFT WRONGFUL DEATH LAWSUIT

FINDS TIFT COUNTY SHERIFF NOT IMMUNE TO LAWSUIT

By FRANK SAYLES JR.

Tifton Grapevine

The Georgia Supreme Court on Wednesday reversed a lower court's decision that had exempted Tift County Sheriff Gene Scarbrough from a wrongful death lawsuit.

The suit involved a man who died in the back seat of a sheriff's patrol car in 2019 after being tased and restrained.

The Supreme Court ruled that the state court of appeals erred in granting Scarbrough immunity from the lawsuit, and the high court sent the case back to the appeals court.

The lawsuit was brought by Sherrie McBrayer, the widow of James Aaron McBrayer.

According to the Georgia Bureau of Investigation, during the early morning hours of April 24, 2019, Tift County Sheriff’s deputies responded to the 300 block of Hall Road about a disturbance. Deputies approached James Aaron McBrayer, 41, of Tifton. As deputies began assessing the situation, an altercation ensued between McBrayer and the deputies, the GBI said.

One deputy was injured and required medical attention while attempting to take McBrayer into custody. Deputies deployed a Taser, but it was ineffective, the GBI said. Once in custody, McBrayer was placed in the rear of a patrol vehicle. Deputies later found McBrayer unresponsive and called for EMS, who pronounced McBrayer dead at the scene.

According to court documents, the officers allegedly loaded McBrayer into the back of the patrol car face down with his hands and feet restrained, and his legs strapped to the car door so he could not move. He was left unsupervised for more than 10 minutes, according to court documents.

Sherrie McBrayer filed the wrongful death lawsuit against Sheriff Scarbrough, arguing that her husband died because he was negligently loaded into the vehicle.

In June, the Supreme Court heard arguments in the case, and Scarbrough maintained that the suit should be dropped because of "sovereign immunity," a legal doctrine protecting government officials from lawsuits.

The appeals court had previously sided with the sheriff, ruling that the patrol car was not being "used" as a vehicle but as a holding cell at the time of McBrayer’s death.

But in arguments before the Supreme Court, Craig Webster, a lawyer representing Sherrie McBrayer, said vehicles can have numerous uses, citing court precedents that he said show loading students into a school bus is considered a use for that vehicle.

He said a primary issue is if the vehicle in question is owned, operated, and insured by the government entity.

“Because there is use of the vehicle and the vehicle is covered, there’s a waiver of sovereign immunity,” Webster had argued.

In its ruling Wednesday, the state Supreme Court said "loading a person into and restraining a person in a patrol car constitutes a 'use' of a patrol car as to which sovereign immunity is waived under" Georgia statutes.

"We overrule (the appeals) court’s precedent construing 'use' of a motor vehicle ... as being limited to the 'active' use of the motor vehicle 'as a vehicle,'" the Supreme Court said.

TIFTON APPROVES SIGNAGE REVISIONS

By FRANK SAYLES JR.

Tifton Grapevine

Following months of hearings and proposals, Tifton City Council on Monday approved revisions to its signage regulations. Council also lifted its moratorium on new billboards with the passage of the sign revisions.

The revisions were drafted after public input, including suggestions from local sign companies. The regulations cover such signage as billboards, pole and stanchion signs, and multi-tenant signs, such as those at shopping centers.

Among the revisions are a five-foot setback for free-standing signs, high-rise signs must be within 1,000 feet of the interstate, and billboards being a maximum size of 400 square feet around the city with a maximum 672 total square feet along the Interstate 75 right-of-way. Roof signs are prohibited, and "stick" signs are limited to two per parcel of land.

Signage in Tifton's Historic District remains under the guidance of the Tifton Historic Preservation Commission, which determines a sign's appropriateness.

"This has been a somewhat long and arduous process but we wanted to make sure we get this right," said Mayor Julie B. Smith.

TIFTON NURSE/

BIZ OWNER AMONG GA's '40 UNDER 40'

By FRANK SAYLES JR.

Tifton Grapevine

A nurse practitioner/business owner in Tifton is among the state's "best and brightest under the age of 40" named in Georgia Trend magazine's annual "40 Under 40" listing.

GerLana Vargas, 33, a family nurse practitioner since she was 23, is co-owner of Thirstology Infusions & Wellness Lounge in Tifton. According to Georgia Trend, she holds a doctorate in nursing and "takes a personal approach to her profession, serving not only as a healer but leader and advocate for the medical community."

Vargas was part of the first international leadership class for the Florence Nightingale Foundation in London and initially was one of only 10 nurses in the United States who had earned the distinction of being a Florence Nightingale Nurse.

"She is known for her work addressing the global misuse of antibiotics and has implemented protocols in the nursing profession to decrease antibiotic resistance," Georgia Trend said.

As president of United Advanced Practice Registered Nurses in the Tiftarea, Vargas advocates for nurse practitioners on local, state and national levels and recently helped get legislation passed that simplifies license authorization for nurses.

As co-owner of Thirstology Infusions & Wellness Lounge, she provides vitamin infusions and wellness education to Tift County residents. 

Vargas was among those Georgians selected by Georgia Trend from hundreds of nominations submitted statewide.

EARLY VOTING BEGINS MONDAY FOR NOVEMBER ELECTIONS

Tifton Grapevine Staff Reports

Early voting starts Monday, Oct. 16, for the Nov. 7 municipal elections and SPLOST VI special election in Tift County.

Advance voting will be available from 8 a.m. to 5 pm. Mondays-Fridays through Nov. 3, said Leila E. Dollison, Tift County elections supervisor. Saturday voting will be available 9 a.m.-5 p.m. on Oct. 21 and Oct. 28.

Early voting in Tift County will be conducted at the Board of Elections headquarters at 222 Chesnutt Ave., Building B, at the corner of Fourth Street and Chesnutt Avenue.

On the ballot throughout Tift County will be the continuation of the Special Purpose Local Option Sales Tax (SPLOST). In the county's municipalities, city council elections will also be held.

In the City of Tifton, two incumbents and one newcomer are on the ballot without opposition: Mayor Julie B. Smith; in Council District 4, M. Jay Hall; and in Council District 2, Michael Franks.

In Ty Ty, three incumbents are running for re-election without opposition: Jamie Lavender, Council Post 1; Malcolm Kelley, Post 3; and Shirley Strawter, Post 5.

In Omega, two newcomers are running without opposition: Dickie L. Robinson, mayor; and Michael E. King, Council Post 5.

Tifton First United Methodist Church

invites everyone to come out and enjoy an evening of Family Fun as the Fall Festival returns to Tifton First on Wednesday, October 25th.

107 12th Street West

Tifton, Ga.

TIFT CHAMBER OF COMMERCE OFFERS BUSINESSES PROMOTION, NETWORKING, PRESIDENT SAYS

By BONNIE SAYLES

Tifton Grapevine

Ribbon cuttings, grand openings, and groundbreakings are among the biggest reasons businesses join the Chamber, Melody Cowart, president of the Tifton-Tift County Chamber of Commerce, told the Tifton Rotary Club on Wednesday. 

Some join for the networking, too, she said – “networking, communicating, and marketing, and being able to get your business out there.”

Cowart said the Chamber is “pretty heavy on social media. .... It is one of the best, effective ways to get your business out there. We have a lot of followers on Linked In, Instagram, so we do promote, promote, promote.” 

The quarterly Sunset Tifton gathering “allows people to come into your business and tour your business and get to know what you’re all about,” Cowart said. 

Some businesses also join for Chamber programs such as Anthem Blue Cross Blue Shield health insurance for business owners. “For a smaller business, they are able to get some discounts on their healthcare insurance,” she said. 

Cowart said the Chamber is also “very tied into the education system. We do a lot with our local school system as well as our local colleges. Those programs are continuing to grow. We want our youth coming back into our community.” 

Chamber members may also use the Civic Room in the Chamber building during business hours for meetings at no charge, she said. “Two to three times a week, we have people in there,” Cowart said. 

Membership meetings are always the third Thursday, and are “one of the great ways to hear what we have going on at our Chamber. We always have a guest speaker, and it’s always something that people need to know about.” 

Because of the Sunbelt Ag Expo next week, this month's Chamber membership meeting will be noon Thursday, Oct. 26, at the Georgia Museum of Agriculture. 

The Chamber is holding a Job Fair next week – at 4-6 p.m. Tuesday, Oct. 17, at the Tift County Recreation Department gym, 401 Victory Drive. Forty employers from a variety of job sectors will be represented. 

Cowart said the Chamber has seen a lot of growth lately with new businesses coming into the community, and the organization now has 615 members encompassing a variety of companies.

GEORGIA NO. 1 IN BUSINESS GROWTH, SAYS REPORT

Tifton Grapevine Staff Reports

Georgia is the nation's top state for business growth, according to a new research report.

Business consulting firm Venture Smarter analyzed data from the U.S Bureau of Labor Statistics to review the business-growth rate in each state based on the number of establishments in December 2021 compared to December 2022. 

Georgia had a business growth rate of 13.50%. In December 2022, there were 397,515 business establishments compared to 350,189 in December 2021. Corporate income tax is set at a rate of 5.75% in Georgia, with the state also offering job tax credit to reduce corporate tax liability for eligible businesses. 

The study ranked Virginia in second place with a business growth rate of 10.50%; the number of businesses increased from 305,345 in December 2021 to 337,394 one year later. The state offers small business incentive programs, including the Virginia Enterprise Zone, which has benefits such as tax exemption for rehabilitated structures and tax credits for creating employment.

Arizona is in third place with a business growth rate of 10.40% after seeing the number of business establishments rise from 191,756 in December 2021 to 211,683 the following year. The state has the 14th-lowest corporate income tax rate in the U.S. at 4.9%. 

On the opposite end of the scale, Washington state had the worst business growth rate of -16.80%. The state had 284,440 establishments in December 2021, which decreased by 47,644 in December 2022. Washington was the only state to see a decrease of establishments, according to the study.

TIFTAREA ACADEMY STUDENTS CREATE, DONATE 'LITTLE FREE LIBRARY'

Tifton Grapevine Staff Reports

Members of Tiftarea Academy's 2022-2023 Chick-fil-A Leaders' Academy recently donated a "little free library" to Ruth's Cottage and the Patticake House.

Club sponsor Heather Fletcher said this was part of the group's "impact project." The students were tasked with designing a project that would provide a lasting impact for those in the community. They chose this project as a way to serve those in the women's/children's shelter for years to come.

The students constructed, painted, and decorated the little library and then filled it with books before donating it. Ruth's Cottage Director Nancy Bryan was thrilled with the idea and said it offers residents something to read.

GEORGIA TO EXPERIENCE PARTIAL ECLIPSE SATURDAY

By FRANK SAYLES JR.

Tifton Grapevine

Georgia will experience a partial solar eclipse on Saturday as the annular solar eclipse, "a ring of fire," will occur over parts of the western U.S. and Central and South America.

The moon will line up between the Earth and the sun, and a blazing border will appear around the moon from about Oregon to Brazil. Those of us in the remaining Western Hemisphere will get the partial eclipse between about 11:45 a.m. to 2:45 p.m. Saturday.

Even though Georgians will only get a partial solar eclipse, Tifton optometrist Dr. Ted McElroy cautions residents to take safety precautions for their eyes.

"The sun is our brightest object in the sky. Its UV and IR rays can cause serious damage to the retina, the light-sensitive tissue at the back of the eye," McElroy said.

"This damage can lead to permanent vision loss, including blindness. During a solar eclipse, the moon partially or completely blocks the sun's bright disk. This makes it tempting to look at the sun directly, but it is still very dangerous to do so. Even when the sun is partially blocked, its UV and IR rays can still damage the retina."

He said the only safe way to view a solar eclipse is to use special eclipse glasses or a solar filter.

Eclipse glasses and solar filters block the sun's harmful UV and IR rays. Eclipse glasses and solar filters can be purchased from reputable optical stores and online retailers.

McElroy also offers this advice:

• Never look directly at the sun, even for a moment.
• Don't use sunglasses or ordinary eyeglasses to view the eclipse. Sunglasses and ordinary eyeglasses do not block enough of the sun's harmful rays.
• Supervise children closely during the eclipse and make sure they are using eclipse glasses or a solar filter.

"If you think you have damaged your eyes by looking at the sun, seek the attention of an optometrist or ophthalmologist immediately," McElroy said. "Symptoms of eye damage from looking at the sun include blurred vision, pain in the eyes, and difficulty seeing in bright light."

Lane Brown is pictured at center with some of his co-workers at Chili's in Tifton: from left, Stephen, Reagan, Zoey, Ava, Savannah, and Haley.

SPOTLIGHTING EMPLOYERS WHO HIRE WORKERS WITH DISABILITIES

Tifton Grapevine Staff Reports

The U.S. Department of Labor has declared October as National Disability Employment Awareness Month, and Diversified Enterprises is spotlighting Tift County employers who hire people with disabilities.

Lane Brown was hired at Chili’s restaurant when it first opened its doors in Tifton. His co-workers say Lane comes in every day with a smile on his face. 

Working at Chili’s has helped Lane develop and keep friends in Tifton, and he usually shows up an hour early willing to go above and beyond to help wherever he is needed.

Lane and Chili’s are an example of how people with disabilities make positive impacts in the workplace, said Diversified Enterprises.

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COVID-19 data released from the 

Georgia Department of Public Health (DPH) as of Oct. 11:

TOTAL TIFT COUNTY CASES: 7,119 ....................................... TOTAL TIFT DEATHS: 181

CONFIRMED TIFT CASES - 2 weeks: 7 ....................................... DEATHS - Past week: 0

CONFIRMED & SUSPECTED CASES: 29

TIFT CONFIRMED & SUSPECTED CASES - 2 weeks, per 100K population: 71 

_______________________________________________________________

GEORGIA TOTAL CASES: 2,401,573

GEORGIA CONFIRMED & SUSPECTED CASES - Past week: 3,325

TOTAL GA DEATHS: 35,758 ..................................................... GA DEATHS - Past week: 27 

YOUR GUIDE

TO ACTIVITIES

THIS WEEKEND

IN THE TIFTAREA

Saturday, Oct. 14, is National Dessert Day. The term “dessert” originates from the French word “desservir,” which translates to the action “to clear the table.” This was because dessert is served after a main meal’s dishes have been cleared. However, the sweetness of dessert has existed long before there was a word for it. As an act of worship, ancient civilizations offered dried fruits and honey to their gods. In Ancient Greece, a special sweet bread was baked with nuts and honey to make an almost cake-like dish called plakous. It is believed the Ancient Greeks may have also invented pie, as Aristophanes mentions sweetmeats and pastries filled with fruit in his plays.

FRIDAY, OCT. 13

• History After Dark: Frightful Tales, 6, 7, and 8 p.m., Ga. Museum of Agriculture, Tifton
• Tiftarea Academy Panthers football @ Deerfield-Windsor Knights, 7:30 p.m., Albany

SATURDAY, OCT.14

• Wiregrass Farmers Market, 9 a.m.-noon, Georgia Museum of Agriculture, Tifton
• Walk to End Alzheimer's, 9:30 a.m., Downtown Tifton
• Veterans Appreciation Cookout, 10 a.m.-2 p.m., American Legion Post 21, 1224 Moore Highway, Tifton
• Downtown Tifton Second Saturday, 10 a.m.-4 p.m., Downtown Tiffton
• "Hocus Pocus" movie & meet and greet with the Sanderson Sisters, 2 p.m., Tift Theatre for the Performing Arts, Downtown Tifton
• Gee Haw Whoa Back Bulls and Broncs Rodeo, 6 p.m., ABAC rodeo arena, Tifton

ADVERTISE YOUR

YARD SALE HERE!

TO ADVERTISE YOUR RESIDENTIAL YARD SALE,

CONTACT US at 

IHeardIt@tiftongrapevine.com 

or 478-227-7126

Fees are $1 per word, paid in advance

"Zelda" is a loyal and mild-mannered girl. She is seeking a perfect home that will love and cherish her. Visit Zelda and other pets available for adoption at the Tift County Animal Shelter on Highway 125 South, open between 1-6 p.m. Mondays through Fridays. For additional information, call 229-382-PETS (7387).