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Metropolitan Atlanta Rapid Transit Authorityv.Kasim Buho Et Al.

CourtCourt of Appeals of Georgia
Docket No.A19A2396
DecidedJanuary 21, 2020
Reporter347 Ga. App. 348
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawNegligenceGovernment LawCivil ProcedureSubject Matter JurisdictionInterlocutory AppealReversalRemand
Case Summary

Kasim Buho and Kenneth Redd alleged that they were injured when a MARTA bus collided with a parked vehicle. They sued MARTA and the bus driver in Fulton County State Court, asserting negligence and respondeat-superior liability. MARTA moved to dismiss or transfer the action, arguing that the MARTA Act vested exclusive original jurisdiction in Fulton County Superior Court. The Georgia Court of Appeals held that the special jurisdiction provision controlled the action against MARTA. Because the case had been filed in the wrong court, the State Court should have treated MARTA’s request as a motion to transfer rather than dismissing the case. The appellate court reversed and remanded for transfer to the superior court. The ruling illustrates Georgia’s mandatory transfer mechanism when jurisdiction or venue lies elsewhere and a public authority’s enabling statute assigns the case to a particular court.

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Metropolitan Atlanta Rapid Transit Authority V. Kasim Buho Et Al. — The Atlanta Gleaner