The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Georgia Department Of Transportationv.Carol Joy Thompson Et Al.

CourtCourt of Appeals of Georgia
Docket No.A19A1912
DecidedMarch 9, 2020
Reporter330 Ga. App. 123
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawNegligenceGovernment LawSovereign ImmunityCivil ProcedureMotion to DismissInterlocutory AppealVacaturRemand
Case Summary

Carol Thompson and her children sued the Georgia Department of Transportation after a collision caused severe injuries. The Department moved to dismiss based on sovereign immunity, and the trial court denied the motion. The Georgia Court of Appeals held that the trial court had applied the wrong legal standards when evaluating whether the plaintiffs established a waiver of immunity and whether their expert affidavit was sufficient. The court distinguished the standard for an expert affidavit in a professional-negligence claim from the separate standard governing sovereign-immunity dismissal. It vacated the order and remanded for reconsideration under the proper standards, and it disapproved an earlier statement to the extent it conflated those inquiries.

Opinion

Loading published copy…

The Far Side
Georgia Department Of Transportation V. Carol Joy Thompson Et Al. — The Atlanta Gleaner