Court of Appeals: Trial Judge Too Quick to Dismiss Georgia DOT’s “Sovereign Immunity” Claim in Accident Lawsuit

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“Sovereign immunity” is the legal concept that the state itself cannot be sued without its consent. In Georgia, sovereign immunity applies to all state departments and agencies, unless the General Assembly adopts an explicit waiver. One such waiver is the Georgia Tort Claims Act (GTCA), which does permit victims to file personal injury claims against the state under specific circumstances.

Georgia Department of Transportation v. Thompson

There are exceptions to the exception. A person cannot sue under the GTCA, for instance, if their claim involves a state agency’s or state employee’s “failure to exercise or perform a discretionary function or duty.” That is to say, you can sue the state if it fails to follow its own policies and you are injured, but you cannot sue based on the state’s failure to exercise discretionary authority. There is a similar “design exception,” which protects the state from lawsuits arising from the decisions it makes in the planning, design, or construction of public highways.

The Georgia Court of Appeals addressed the discretionary function and design exceptions in a recent decision, Georgia Department of Transportation v. Thompson. This case involves a June 2014 auto accident on State Route 11. The plaintiffs are a mother and two children who were traveling southbound on the two-lane road towards its intersection with Jess Helton Road. Near the approach to the intersection there was also a northbound passing lane on the left side. There was a second vehicle in this passing lane waiting to make its turn onto Jess Helton Road.

A third vehicle approached the intersection, also in the northbound passing lane. The driver of the third vehicle swerved to avoid colliding with the second vehicle. In doing so, the third vehicle went into the northbound lane, onto the shoulder, and eventually hit the plaintiffs’ vehicle.

The plaintiffs subsequently sued the Georgia Department of Transportation (DOT). The lawsuit alleged the DOT was “negligent in the design, building, and maintenance” of the intersection. An engineering expert retained by the plaintiffs elaborated that the DOT “failed to provide the minimum required sight distance for drivers approaching the intersection; failed to post adequate and sufficient speed warnings; and failed to provide and/or maintain the shoulder of the highway at a proper slope.”

The DOT argued the plaintiffs’ lawsuit was barred by the discretionary function and design exceptions to the GTCA. The trial court, however, denied the DOT’s motion to dismiss the case on those grounds. The Court of Appeals reversed the trial judge. The appeals court said the trial judge improperly shifted the burden of proof in this case.

Essentially, the trial court said the DOT needed to “rebut” the testimony of the plaintiff’s engineering expert to maintain sovereign immunity. As the Court of Appeals explained, the plaintiff must establish by a “preponderance of the evidence” that the exceptions do not apply. In this case, that means proof that the design of the intersection “was not prepared in substantial compliance with generally accepted engineering or design standards at the time such plan was prepared.” The Court of Appeals therefore returned the case to the trial court for a new hearing under the correct legal standard.

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Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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