Department of Transportation v. Evans

Hines, Justice.

We granted certiorari in Evans v. Dept. of Transp., 226 Ga. App. 74 (485 SE2d 243) (1997) to consider whether the Court of Appeals correctly construed the phrase “the county wherein the loss occurred” found in OCGA § 50-21-28, the venue provision of the Georgia Tort Claims Act (GTCA), OCGA § 50-21-20 et seq. We conclude that the Court of Appeals was correct in its determination that venue in Evans’ wrongful death action was proper in the county where the death occurred.

Evans filed suit against the Georgia Department of Transportation (DOT) for the wrongful death of her…