Legal Opinion
Department of Transportation v. Montgomery Tank Lines, Inc.
Supreme Court of Georgia
Decided January 13, 2003No. S02G0700, S02G0701, S02G1028PublishedCited by 21 opinions
1Opinion of the Court
Sears, Presiding Justice.
We granted certiorari in these cases to determine whether the Court of Appeals erred in holding that the waiver of sovereign immunity set forth in the Georgia Tort Claims Act (the “GTCA”) applies to lawsuits seeking contribution and indemnity from the State on the ground that it was a joint tortfeasor. We conclude that the GTCA waives the State’s sovereign immunity for such claims so long as the activity of the State that is alleged to make it a tortfeasor, and thus subject to a claim for contribution or indemnity, does not fall within one of the exceptions to the…
2Cases cited15 opinions
- United States v. Yellow Cab Co.Supreme Court of the United States · 1951
- Norfolk & Western Railway Co. v. American Train Dispatchers' Ass'nSupreme Court of the United States · 1991
- State v. MulkeySupreme Court of Georgia · 1984
- United States v. Espy, Alphonso M.Court of Appeals for the D.C. Circuit · 1998
- Hubbard v. Department of TransportationCourt of Appeals of Georgia · 2002
10 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Center for a Sustainable Coast v. Coastal Marshlands Protection CommitteeSupreme Court of Georgia · 2008
- Monumedia II, LLC v. Georgia Department of TransportationCourt of Appeals of Georgia · 2017
- Dep't of Labor v. McconnellSupreme Court of Georgia · 2019
- Record Town, Inc. v. Sugarloaf Mills Ltd. Partnership of GeorgiaCourt of Appeals of Georgia · 2009
- Tacon v. Equity One, Inc.Court of Appeals of Georgia · 2006
16 more not listed; retrieve them via the Exa API.