Metropolitan Atlanta Rapid Transit Authorityv.Kasim Buho Et Al.
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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