Miller v. Georgia Ports Authority

I respectfully dissent. The Georgia Tort Claims Act (GTCA) was enacted as a means to waive the sovereign immunity extended to the “state and all of its departments and agencies” in Art. I, Sec. II, Par. IX (e) of the 1983 Georgia Constitution, as amended effective January 1, 1991. Id. at (a); Gilbert v. Richardson, 264 Ga. 744, 746 (2) (452 SE2d 476) (1994); see also Intl. Business Machines Corp. v. Evans, 265 Ga. 215, 217 (2) (453 SE2d 706) (1995). The first question to be answered then is whether the Authority is entitled to assert the defense of sovereign immunity as a department or agency…