Sheley v. BOARD OF PUBLIC EDUCATION FOR THE CITY OF SAVANNAH AND THE COUNTY OF CHATHAM

Gunter, Justice.

We granted applications for writs of certiorari to the Court of Appeals in these two cases for the purpose of reassessing the rule of immunity of the state, its agencies, and subdivisions from liability for tort claims presented in our courts. Regardless of the merits or demerits of the immunity rule, it is conceded that it has existed throughout this state’s history except in those situations where it has been eliminated by statutes enacted by the Georgia General Assembly.

This court has acknowledged that the immunity rule was judicially created and that it could be judicially…