Legal Opinion · Dissent

Calhoun County Hospital Authority v. Walker

Court of Appeals of Georgia

Decided July 16, 1992No. A92A0739Published

1DissentCooper, Judge

I must respectfully dissent, as in my view appellant hospital authority is not a subdivision of the state and therefore not exempt pursuant to OCGA § 46-1-1 (7) (C) (viii) from venue provisions governing actions against motor common carriers.

The Georgia Supreme Court and this court have recognized that “[l]ocal hospital authorities created under the authority of the Hospital Authorities Law [cit.] are local, not state instrumentalities. The State Constitution empowers counties to operate in the sphere of health care and to utilize local hospital authorities as their own county…

2Cases cited3 opinions

  1. Fulton-DeKalb Hospital Authority v. GaitherSupreme Court of Georgia · 1978
  2. Fulton-DeKalb Hospital Authority v. DeanCourt of Appeals of Georgia · 1983
  3. Crumpton v. KellyCourt of Appeals of Georgia · 1987

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API