Riddle v. Ashe

Thompson, Justice.

We granted defendant Riddle’s application for interlocutory appeal to determine whether the trial court erred when it found OCGA § 50-21-25 (a) of the Georgia Tort Claims Act (“GTCA”) to be unconstitutional.

Plaintiff Ashe was injured when his car collided with a Department of Transportation (DOT) dump truck driven by DOT employee Riddle while in the scope of his employment. Ashe and his wife filed a personal injury action naming the DOT and Riddle, individually, as defendants. Riddle filed a special appearance and moved to dismiss the complaint on the basis that as a state…