Gonzalez v. Department of Transportation

BENHAM, Justice.

Alicia Gonzalez, a citizen and resident of Mexico, filed a wrongful death action against the Georgia Department of Transportation (DOT) under the Georgia Tort Claims Act (GTCA), OCGA § 50-21-20 et seq. In her complaint, Gonzalez alleged she was married to Anastacio Barrera and that the collision in Gordon County which killed him occurred due to DOT’s negligent design, construction, and maintenance of the highway. The trial court granted DOT’s motion for summary judgment on the ground Gonzalez, as a nonresident alien, lacks standing to sue in Georgia courts. The Court of…