COOSA VALLEY TECHNICAL COLLEGE v. West

Because I am satisfied the Wests have established that the acts of the instructors at Coosa Valley were sufficient to invoke the waiver of sovereign immunity in the Georgia Tort Claims Act, OCGA § 50-21-20 et seq., I must respectfully dissent. I agree with the majority that the trial court employed the wrong test when deciding the State Defendants’ motion. I cannot agree, however, that employing the correct test must lead to reversing the trial court.

1. The State Defendants moved to dismiss the complaint because the trial court lacked subject matter jurisdiction.

Under OCGA § 9-11-12 (b) (1),…