Emory H. Brayv.Department Of Transportation
Emory H. Bray owned Coweta County property partly taken for public road improvements. After receiving compensation in the original condemnation action, he filed an inverse-condemnation action against the Georgia Department of Transportation seeking additional damages allegedly caused by negligent construction. The trial court dismissed the action for failure to give ante-litem notice under the Georgia Tort Claims Act and for failure to attach an expert affidavit supporting professional negligence. The Georgia Court of Appeals affirmed in part and reversed in part. It held that the prior condemnation award covered damages resulting from proper construction but did not bar a separate constitutional claim for property damage caused by negligent or improper construction during the project. Because inverse condemnation arises directly from the Georgia Constitution’s compensation guarantee, the Tort Claims Act’s notice requirement did not apply. The court nevertheless upheld dismissal to the extent Bray alleged professional engineering negligence without the affidavit required by OCGA § 9-11-9.1. But the complaint was broad enough to be liberally construed as also alleging ordinary negligence, which does not trigger that professional-malpractice affidavit rule. The case therefore remained viable on the ordinary-negligence theory. The judgment was affirmed in part and reversed in part.
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