CopyCited 63 times | Published | Supreme Court of Georgia | Jun 16, 2014 | 759 S.E.2d 804, 2014 Fulton County D. Rep. 1524
...The legislature also knows how to cap or exclude particular elements
from the state’s financial exposure in the tort actions for which it has waived
sovereign immunity. See OCGA §§
50-21-29 (b) (setting caps on the state’s
liability in actions brought under the GTCA),
50-21-30 (excluding punitive
damages and prejudgment interest from awards of damages).9
The Department points out that the GTCA includes a provision expressly
9
We need not and therefore do not decide in this case whether...
...891, 892-893, 894-895 (360 SE2d 425)
(1987). The GTCA expressly abrogated the prejudgment interest holding of
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Eastern Air Lines, prohibiting awards of such interest in tort actions against the
state, see OCGA §
50-21-30 – but the General Assembly did not similarly
prohibit awards of attorney fees against the state for litigation misconduct based
on statutes outside the GTCA.
Finally, we recognize that an award of attorney fees under §
9-11-68...
...gh the county
challenged the underlying case based on sovereign immunity).
We note in this regard that the monetary sanctions authorized by the CPA
are not punitive damages, which the GTCA expressly protects the state from
paying, see OCGA §
50-21-30, because CPA sanctions do not punish the state
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for the tortious conduct underlying the litigation but instead simply ensure that
the state follows the same rules that all parties must follow when engaging in
civil litigation....