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2018 Georgia Code 50-21-29 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 50-21-29 Case Law from Google Scholar Amendments to OCGA 50-21-29

TITLE 50 STATE GOVERNMENT

Section 21. Waiver of Sovereign Immunity as to Actions Ex Contractu; State Tort Claims, 50-21-1 through 50-21-37.

ARTICLE 2 STATE TORT CLAIMS

50-21-29. Trial of actions; limitations on amounts of damages; caps to limit total damages regardless of the type claimed.

  1. Trial of tort actions against the state under this article shall be conducted by a judge with a jury; provided, however, the parties may agree that the same be tried by a judge without a jury.
    1. Except as provided for in paragraph (2) of this subsection, in any action or claim for damages brought under the provisions of this article, no person shall recover a sum exceeding $1 million because of loss arising from a single occurrence, regardless of the number of state government entities involved; and the state's aggregate liability per occurrence shall not exceed $3 million. The existence of these caps on liability shall not be disclosed or suggested to the jury during the trial of any action brought under this article.
    2. In any action or claim for damages brought under the provisions of this article pursuant to Article 8 of Chapter 8 of Title 31, any caps specified under Code Section 51-13-1, notwithstanding any applicability limitations specified in such Code section, shall serve as a total cap of all damages, regardless of the type of damages claimed; provided, however, that in no event shall the state's liability exceed the limits provided for in paragraph (1) of this subsection. The existence of this cap on liability shall not be disclosed or suggested to the jury during the trial of any action brought under this article.

(Code 1981, §50-21-29, enacted by Ga. L. 1992, p. 1883, § 1; Ga. L. 2005, p. 1493, § 6/HB 166.)

JUDICIAL DECISIONS

Waiver of sovereign immunity limited.

- Tort Claims Act, O.C.G.A. § 50-21-20, et seq., waives sovereign immunity for suits to recover monetary damages for the torts of state officers and employees while acting within the scope of their official duties or employment, O.C.G.A. § 50-21-23(a), subject to exceptions, O.C.G.A. § 50-21-24, and limitations, such as O.C.G.A. § 50-21-29(b). Lathrop v. Deal, 301 Ga. 408, 801 S.E.2d 867 (2017).

Modification of cap was abuse of discretion.

- When a pretrial order stated that the damages cap in the Georgia Tort Claims Act, O.C.G.A. § 50-21-20 et seq., would apply, the trial court abused the court's discretion by implicitly modifying the pretrial order to support a judgment in excess of the cap. Dep't of Human Resources v. Phillips, 268 Ga. 316, 486 S.E.2d 851 (1997).

Separate caps for plaintiff and employer not authorized.

- There is no authority justifying adding to the $1,000,000 per person cap just because a plaintiff was forced by operation of another law to reimburse the plaintiff's employer for benefits the employer paid under the Longshore and Harbor Workers' Compensation Act, U.S.C. Ch. 18, T. 33, before the plaintiff secured a negligence judgment against the Georgia Ports Authority. Georgia Ports Auth. v. Harris, 243 Ga. App. 508, 533 S.E.2d 404 (2000).

Referral to statutory cap on damages failed to state amount of loss required by ante litem notice.

- In the plaintiff's personal injury action under the Georgia Tort Claims Act, O.C.G.A. § 50-21-20, et seq., against the Georgia Department of Transportation (DOT), alleging that a DOT employee negligently caused a vehicle collision in which the plaintiff was injured, the DOT's motion to dismiss was improperly denied because the plaintiff's ante litem notice failed to state the amount of loss the plaintiff knew at the time of the notice; the plaintiff's statement that the plaintiff intended to claim the full amount of damages allowed by law failed to satisfy the definition of the amount of loss claimed as it referred to a cap on the amount the plaintiff might be allowed to recover without providing any information about the amount the plaintiff could claim to the jury. Georgia Department of Transportation v. King, 341 Ga. App. 102, 798 S.E.2d 492 (2017).

Accrual of interest.

- In a negligence action against the Department of Transportation, the court erred in entering judgment in excess of $1 million, as allowed under O.C.G.A. § 50-21-29(b), and interest accrued on the $1 million maximum allowable, not on the larger sum returned in the verdict. DOT v. Cannady, 230 Ga. App. 585, 497 S.E.2d 72 (1998), aff'd, 270 Ga. 427, 511 S.E.2d 173 (1999).

Million dollar damages appropriate against Georgia Port Authority.

- Judgment awarding the plaintiff $4.5 million in damages following injuries sustained aboard a ship docked at a city terminal was affirmed because the trial court properly determined that the Georgia Ports Authority (GPA) was not an instrument of the State of Georgia and, therefore, was not entitled to immunity from suit under U.S. Const., amend. XI as the Georgia Supreme Court has concluded that the GPA is not an arm of the state. Ga. Ports Authority v. Lawyer, 342 Ga. App. 161, 803 S.E.2d 94 (2017).

RESEARCH REFERENCES

ALR.

- Construction and application of Longshore and Harbor Workers' Compensation Act (LHWCA) - Supreme Court cases, 72 A.L.R. Fed. 2d 1.

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