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Board Of Regents Of The University System Of Georgiav.Peter M. Winter

CourtCourt of Appeals of Georgia
Docket No.A14A1851
DecidedMarch 25, 2015
Reporter331 Ga. App. 528; 771 S.E.2d 201
JudgesCourt of Appeals of Georgia, Third Division; Presiding Judge Barnes and Judges Boggs and Branch; Judge Branch authored the opinion
Tags
CivilEducation LawContract LawSovereign ImmunityBreach of ContractContract FormationSummary JudgmentStatutory Interpretation
Case Summary

Peter Winter sued Georgia’s university governing board for breach of an alleged agreement to employ him as a postdoctoral research fellow at UGA. Winter and a professor exchanged emails in June 2005, and the professor sent an offer describing duties, salary, and a start date. Winter later signed an intellectual-property agreement, loyalty oath, and immigration documents while UGA worked through his visa status, but the university ultimately withdrew the offer after Winter could not obtain authorization to work. The superior court rejected the Regents’ summary-judgment request. The Court of Appeals of Georgia reversed and remanded for entry of judgment for the Board. First, the court held that venue in Fulton County Superior Court under the State Tort Claims Act’s contract-waiver provision was cumulative and supplemental, not exclusive, so the state court had jurisdiction. The Board nevertheless retained sovereign immunity because Georgia waives it for breach of contract only when the claim rests on a written contract. Winter had not produced a formal agreement signed by both parties. The June offer and August documents were separated by nine weeks and reflected different transactions; the later documents lacked the necessary employment terms and were not signed by UGA as an employment contract. Emails also did not establish a qualifying electronic signature or show that the Board had elected to accept electronic records for this purpose. Because Winter failed to prove a qualifying written contract, sovereign immunity remained and the Board was entitled to summary judgment. The Board’s remaining enumeration was moot.

Opinion

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