8 Georgia opinions name it 1 courts 1981–2021 1 in the last five years
The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Hospital Authority of Fulton County v. Litterillagreen2 sentences1991For the reasons set forth in the dissenting opinion in Hospital Auth. of Fulton County v. Litterilla, 199 Ga. App. 345, 351 ( 404 SE2d 796 ) (1991) (Carley, J., dissenting), I do not agree that Self v. City of Atlanta, 259 Ga. 78 ( 377 SE2d 674 ) (1989), in which the Georgia Supreme Court held that the "sue and be sued" language of OCGA § 31-7-75 (1) does not signify a waiver of governmental immunity from suit, should be applied retroactively to this case in which the cause of action arose prior to the change of law announced in the Self opinion. 1991For the reasons set forth in the dissenting opinion in Hospital Auth. of Fulton County v. Litterilla, 199 Ga. App. 345, 351 ( 404 SE2d 796 ) (1991) (Carley, J., dissenting), I do not agree that Self v. City of Atlanta, 259 Ga. 78 ( 377 SE2d 674 ) (1989), in which the Georgia Supreme Court held that the "sue and be sued" language of OCGA § 31-7-75 (1) does not signify a waiver of governmental immunity from suit, should be applied retroactively to this case in which the cause of action arose prior to the change of law announced in the Self opinion. | 1 | 2 |
City of Tybee Island v. Harrodgreen2 sentences2021To establish a waiver of governmental immunity under OCGA § 36-33-1 (a), the plaintiff must show not only the existence of insurance, but also that “the facts underlying [the plaintiff’s] cause of action f[a]ll within the scope of coverage of the 10 . . . policy.” City of Tybee Island v. Harrod, 337 Ga. App. 523, 524 ( 788 SE2d 122 ) (2016). 2021To establish a waiver of governmental immunity under OCGA § 36-33-1 (a), the plaintiff must show not only the existence of insurance, but also that “the facts underlying [the plaintiff’s] cause of action f[a]ll within the scope of coverage of the 10 . . . policy.” City of Tybee Island v. Harrod, 337 Ga. App. 523, 524 ( 788 SE2d 122 ) (2016). | 1 | 1 |
Marine Port Terminals v. Georgia Ports Authoritygreen2 sentences1995Although the question of whether the Authority is constitutionally entitled to immunity has not been directly addressed, in Marine Port Terminals v. Ga. Ports Auth., 180 Ga.App. 380, 381 , 348 S.E.2d 896 (1986), this court accepted without discussion that OCGA § 52-2-4's "sue and be sued" language constituted "a waiver of governmental immunity by which the Ports Authority consents to the filing of a suit in the proper forum. 1995Although the question of whether the Authority is constitutionally entitled to immunity has not been directly addressed, in Marine Port Terminals v. Ga. Ports Auth., 180 Ga.App. 380, 381 , 348 S.E.2d 896 (1986), this court accepted without discussion that OCGA § 52-2-4's "sue and be sued" language constituted "a waiver of governmental immunity by which the Ports Authority consents to the filing of a suit in the proper forum. | 1 | 1 |
Brockman v. Burnettegreen2 sentences1991Compare Brockman v. Burnette, 184 Ga. App. 66 ( 360 SE2d 655 ) (1987) (city's purchase of commercial general liability policy resulted in a waiver of governmental immunity). (b) Ex contract waiver: Appellee Litterilla advances the argument that her complaint should be construed as a claim for breach of the contract her parents made with the hospital, and accordingly the Authority's immunity is waived. 1991Compare Brockman v. Burnette, 184 Ga. App. 66 ( 360 SE2d 655 ) (1987) (city's purchase of commercial general liability policy resulted in a waiver of governmental immunity). (b) Ex contract waiver: Appellee Litterilla advances the argument that her complaint should be construed as a claim for breach of the contract her parents made with the hospital, and accordingly the Authority's immunity is waived. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Thigpen v. McDUFFIE COUNTY BOARD OF EDUCATION
green
2 sentences2004Although a policy of insurance is not in the record, the parties agree in their briefs (and apparently stipulated in open court) that the purchase of insurance would have constituted a waiver of Appling County’s sovereign *302 immunity, implying that such a policy existed. 5 The “existence of liability insurance protection constitutes a waiver of governmental immunity 6 pro tanto.” Thigpen v. McDuffie County Bd. of Ed., 255 Ga. 59 ( 335 SE2d 112 ) (1985) (parent’s suit against school board for injuries six-year-old child sustained while playing on a slide survived claim of sovereign immunity b 2004Although a policy of insurance is not in the record, the parties agree in their briefs (and apparently stipulated in open court) that the purchase of insurance would have constituted a waiver of Appling County’s sovereign *302 immunity, implying that such a policy existed. 5 The “existence of liability insurance protection constitutes a waiver of governmental immunity 6 pro tanto.” Thigpen v. McDuffie County Bd. of Ed., 255 Ga. 59 ( 335 SE2d 112 ) (1985) (parent’s suit against school board for injuries six-year-old child sustained while playing on a slide survived claim of sovereign immunity b | 1 | 2004–2004 |
Hodges v. Tomberlin
green
1 sentence1995Hodges v. Tomberlin, 510 F.Supp. 1280, 1283 ." However, "sue and be sued" language has since been declared insufficient to waive immunity, and all cases stating the contrary have been overruled. | 1 | 1995–1995 |
Self v. City of Atlanta
green
2 sentences1991For the reasons set forth in the dissenting opinion in Hospital Auth. of Fulton County v. Litterilla, 199 Ga. App. 345, 351 ( 404 SE2d 796 ) (1991) (Carley, J., dissenting), I do not agree that Self v. City of Atlanta, 259 Ga. 78 ( 377 SE2d 674 ) (1989), in which the Georgia Supreme Court held that the "sue and be sued" language of OCGA § 31-7-75 (1) does not signify a waiver of governmental immunity from suit, should be applied retroactively to this case in which the cause of action arose prior to the change of law announced in the Self opinion. 1991For the reasons set forth in the dissenting opinion in Hospital Auth. of Fulton County v. Litterilla, 199 Ga. App. 345, 351 ( 404 SE2d 796 ) (1991) (Carley, J., dissenting), I do not agree that Self v. City of Atlanta, 259 Ga. 78 ( 377 SE2d 674 ) (1989), in which the Georgia Supreme Court held that the "sue and be sued" language of OCGA § 31-7-75 (1) does not signify a waiver of governmental immunity from suit, should be applied retroactively to this case in which the cause of action arose prior to the change of law announced in the Self opinion. | 1 | 1991–1991 |
Powell v. Manning
green
2 sentences1987Co. v. Davalos, 246 Ga. 746 ( 272 SE2d 702 ) (1980) (involving a suit against a motor vehicle common carrier and its insurer pursuant to former Code Ann. § 68-612 (current OCGA § 46-7-12)); Powell v. Manning 242 Ga. 778 ( 251 SE2d 522 ) (1979) (involving the exemption from liability for non-economic loss available to a defendant with no-fault insurance coverage); City of Waycross v. Beaty, 157 Ga. App. 765 (1) ( 278 SE2d 697 ) (1981) (involving the waiver of governmental immunity resulting from a municipality’s purchase of motor vehicle liability insurance). 1987Co. v. Davalos, 246 Ga. 746 ( 272 SE2d 702 ) (1980) (involving a suit against a motor vehicle common carrier and its insurer pursuant to former Code Ann. § 68-612 (current OCGA § 46-7-12)); Powell v. Manning 242 Ga. 778 ( 251 SE2d 522 ) (1979) (involving the exemption from liability for non-economic loss available to a defendant with no-fault insurance coverage); City of Waycross v. Beaty, 157 Ga. App. 765 (1) ( 278 SE2d 697 ) (1981) (involving the waiver of governmental immunity resulting from a municipality’s purchase of motor vehicle liability insurance). | 1 | 1987–1987 |
City of Waycross v. Beaty
green
2 sentences1987Co. v. Davalos, 246 Ga. 746 ( 272 SE2d 702 ) (1980) (involving a suit against a motor vehicle common carrier and its insurer pursuant to former Code Ann. § 68-612 (current OCGA § 46-7-12)); Powell v. Manning 242 Ga. 778 ( 251 SE2d 522 ) (1979) (involving the exemption from liability for non-economic loss available to a defendant with no-fault insurance coverage); City of Waycross v. Beaty, 157 Ga. App. 765 (1) ( 278 SE2d 697 ) (1981) (involving the waiver of governmental immunity resulting from a municipality’s purchase of motor vehicle liability insurance). 1987Co. v. Davalos, 246 Ga. 746 ( 272 SE2d 702 ) (1980) (involving a suit against a motor vehicle common carrier and its insurer pursuant to former Code Ann. § 68-612 (current OCGA § 46-7-12)); Powell v. Manning 242 Ga. 778 ( 251 SE2d 522 ) (1979) (involving the exemption from liability for non-economic loss available to a defendant with no-fault insurance coverage); City of Waycross v. Beaty, 157 Ga. App. 765 (1) ( 278 SE2d 697 ) (1981) (involving the waiver of governmental immunity resulting from a municipality’s purchase of motor vehicle liability insurance). | 1 | 1987–1987 |
Carolina Casualty Insurance Company v. Davalos
green
2 sentences1987Co. v. Davalos, 246 Ga. 746 ( 272 SE2d 702 ) (1980) (involving a suit against a motor vehicle common carrier and its insurer pursuant to former Code Ann. § 68-612 (current OCGA § 46-7-12)); Powell v. Manning 242 Ga. 778 ( 251 SE2d 522 ) (1979) (involving the exemption from liability for non-economic loss available to a defendant with no-fault insurance coverage); City of Waycross v. Beaty, 157 Ga. App. 765 (1) ( 278 SE2d 697 ) (1981) (involving the waiver of governmental immunity resulting from a municipality’s purchase of motor vehicle liability insurance). 1987Co. v. Davalos, 246 Ga. 746 ( 272 SE2d 702 ) (1980) (involving a suit against a motor vehicle common carrier and its insurer pursuant to former Code Ann. § 68-612 (current OCGA § 46-7-12)); Powell v. Manning 242 Ga. 778 ( 251 SE2d 522 ) (1979) (involving the exemption from liability for non-economic loss available to a defendant with no-fault insurance coverage); City of Waycross v. Beaty, 157 Ga. App. 765 (1) ( 278 SE2d 697 ) (1981) (involving the waiver of governmental immunity resulting from a municipality’s purchase of motor vehicle liability insurance). | 1 | 1987–1987 |
Hicks v. Shea
green
2 sentences1981Hicks v. Shea, 149 Ga. App. 396 (2) ( 254 SE 2d 511 ) (1979). 2 Expressio unius est exclusio alterius. 1981Hicks v. Shea, 149 Ga. App. 396 (2) ( 254 SE 2d 511 ) (1979). 2 Expressio unius est exclusio alterius. | 1 | 1981–1981 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.