The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Georgia Ports Authorityv.Lawyer

CourtSupreme Court of Georgia
Docket No.S17G1951
DecidedNovember 1, 2018
JudgesSupreme Court of Georgia
Tags
CivilTort LawGovernment LawSovereign ImmunityConstitutional LawFederal JurisdictionStatutory InterpretationOverruling PrecedentReversal
Case Summary

A longshoreman sued the Georgia Ports Authority in state court under federal maritime law for injuries allegedly caused by an Authority employee. The Supreme Court of Georgia revisited its earlier decision in Hines, which had held that the Ports Authority was not an arm of the State and therefore lacked sovereign immunity from the claim. After examining a more developed factual record, the Court overruled Hines. The Ports Authority is an arm of the State for Eleventh Amendment purposes because of its governmental function, the State’s control over its board and operations, and its relationship to public funds and judgments. Federal maritime law therefore did not abrogate the state-conferred immunity reserved to the Authority. The Georgia Tort Claims Act consented to suit only within its statutory limits, including the one-million-dollar damages cap. The Court held that sovereign immunity barred the portion of the claim exceeding that cap and reversed the Court of Appeals. A justice concurred only in the judgment.

Opinion

Loading published copy…

The Far Side
Georgia Ports Authority V. Lawyer — The Atlanta Gleaner