Horton v. Whitaker

Judge Harold R. Banke.

Shirley Marie Horton sued Jerrie Whitaker for personal injuries allegedly caused by an automobile collision for which Whitaker was cited for running a stop sign. Horton lodged her suit solely against Whitaker individually and did not name any government entity as a party.

Whitaker responded that she was constitutionally entitled to immunity as a state employee. Whitaker asserted that the lawsuit was barred by the Georgia Tort Claims Act as well as by Horton’s failure to comply with OCGA § 50-21-26’s notice provisions. In a verified response to Horton’s interrogatories,…