Department of Transportation v. Kovalcik

DOYLE, Presiding Judge.

The Georgia Department of Transportation (“DOT”) appeals from the trial court’s denial of its motion seeking dismissal1 of tort claims brought by Edward and Bernadette Kovalcik, as parents of Stephanie Kovalcik (deceased), and Edward Kovalcik as administrator of Stephanie’s estate. The DOT argues that the trial court erred by ruling that the Kovalciks’ claims were not barred by sovereign immunity. For the reasons that follow, we affirm in part and reverse in part.2

*186“We review de novo a trial court’s denial of a motion to dismiss based on sovereign immunity grounds, which…