Georgia Department of Transportation v. Wyche

MCMILLIAN, Judge.

Defendant Georgia Department of Transportation (“DOT’) appeals the trial court’s order denying its motion to dismiss the complaint of Plaintiff Mary Wyche, individually and as surviving mother of Larry J. Bowen, Jr., deceased. Because we find that Wyche’s claims against the DOT are barred by the doctrine of sovereign immunity for the reasons that follow, we reverse.

“We review de novo a trial court’s ruling on a motion to dismiss based on sovereign immunity grounds, which is a matter of law. Factual findings are sustained if there is evidence supporting them.” (Citation and…