Boswell v. Metropolitan Atlanta Rapid Transit Authority

Carley, Judge.

In Boswell v. MARTA, 196 Ga. App. 902 (397 SE2d 165) (1990), we held that appellee-defendant Metropolitan Atlanta Rapid Transit Authority (MARTA) was not immune from liability for punitive damages because the legislation whereby MARTA had been created contained “ ‘a clear, complete and absolute waiver of [any] governmental immunity from tort liability.’ ” On certiorari, however, the Supreme Court reversed, concluding that, “as a matter of law, an award of punitive damages against MARTA would violate public policy. . . .” Metropolitan Atlanta Rapid Transit Auth. v. Boswell, 261…