Legal Opinion

Andrews v. Department of Transportation

Court of Appeals of Georgia

Decided October 1, 1974No. 49539PublishedCited by 4 opinions

1Opinion of the Court

Bell, Chief Judge.

Plaintiff brought this suit for wrongful death based on negligence against the Department of Transportation and one of its employees. The trial court dismissed the Department of Transportation as a party on the basis of sovereign immunity. Held:

1. Code Ann. § 95A-304 (a) (Ga. L. 1973, pp. 947,983) provides: "The Department shall have the authority to bring suits, and it may be sued in such actions as are permitted by law. In addition, the department may adjust and make settlement of any and all claims presented to it under oath.” Code § 95-1505, the former law on this…

2Cases cited7 opinions

  1. Crowder v. Department of State ParksSupreme Court of Georgia · 1971
  2. Tounsel v. State Highway DepartmentSupreme Court of Georgia · 1935
  3. State Highway Department v. W. L. Cobb Construction Co.Court of Appeals of Georgia · 1965
  4. Rush v. Southern Property Management, Inc.Court of Appeals of Georgia · 1970
  5. State Highway Department v. MacDougald Construction Co.Court of Appeals of Georgia · 1936

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. National Distributing Co. v. Department of TransportationCourt of Appeals of Georgia · 1981
  2. Watts v. Six Flags Over Georgia, Inc.Court of Appeals of Georgia · 1976
  3. Grantham v. StateCourt of Appeals of Georgia · 1979
  4. Huggins v. Georgia Department of TransportationCourt of Appeals of Georgia · 1983

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