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Boswell v. Metropolitan Atlanta Rapid Transit Auth

Court of Appeals of Georgia
Sep 6, 1990
196 Ga. App. 902 (Ga. Ct. App. 1990)

Summary

In Boswell v. MARTA, 196 Ga. App. 902 (397 S.E.2d 165) (1990), the Court of Appeals held that in a tort suit the Metropolitan Atlanta Rapid Transit Authority (MARTA) may be held liable for punitive damages as well as compensatory damages.

Summary of this case from Marta v. Boswell

Opinion

A90A0849.

DECIDED SEPTEMBER 6, 1990. REHEARING DENIED SEPTEMBER 19, 1990.

Action for damages. Fulton Superior Court. Before Judge Daniel.

James Booker, for appellant.

Gorby, Reeves, Moraitakis Whiteman, Michael J. Gorby, Stephanie L. Scheier, Michael E. Fisher, for appellee.

Salem Wong, Alvin T. Wong, Beltran Buckley, Frank J. Beltran, William Q. Bird, amici curiae.


Appellant-plaintiff was the victim of a criminal attack while an invitee on appellee-defendant's premises. As the result of injuries that he sustained in this attack, appellant filed this suit against appellee, seeking to recover both compensatory and punitive damages. The trial court denied appellant's motion for partial summary judgment on the issue of appellee's potential liability for punitive damages. Pursuant to this court's grant of appellant's application for an interlocutory appeal, he appeals from the trial court's order.

In MARTA v. Binns, 252 Ga. 289 ( 313 S.E.2d 104) (1984), the Supreme Court held that appellee may be held liable for punitive damages pursuant to OCGA § 33-34-6 in its capacity as a self-insurer and declined to address the issue of whether appellee may be held liable for punitive damages in its capacity as a tortfeasor. However, this court's opinion in the same case did address that issue: "Section 22 of the legislation which created MARTA (Ga. Laws 1965, pp. 2243, 2275, [as amended by Ga. Laws 1971, pp. 2091, 2101]) is a clear, complete and absolute waiver of [any] governmental immunity from tort liability. That section provides in [relevant part] as follows: `Tort Liability; Insurance. The Authority shall not enjoy governmental immunity from tort liability, but shall be liable therefor as any private corporation except that no execution shall be levied on any property of the Authority prior to ninety (90) days from the date of a final judgment against the Authority. The Authority shall [provide] for adequate insurance, indemnification or similar protection against any loss, liability or other risk, hazard or responsibility to which it may be exposed or which it may accept on account of its property, [personnel] or operations.' This is an unequivocal pronouncement that MARTA is liable in tort to the extent that a private corporation would be. Corporations in Georgia are liable for exemplary damages. [Cit.]" (Emphasis in original.) Binns v. MARTA, 168 Ga. App. 261-262 (1) ( 308 S.E.2d 674) (1983).

We have reviewed and reconsidered our holding in Binns, and have determined to adhere to it. To the extent that a statutory waiver of governmental immunity specifies an imposition of the same tort liability as that which is borne by a private corporation, a public authority may be held liable for punitive as well as compensatory damages. Since the statutory waiver of whatever governmental immunity appellee might otherwise be entitled to claim does specify the imposition of such tort liability, appellee may be held liable for punitive as well as compensatory damages. It follows that the trial court erred in denying appellant's motion for partial summary judgment. Compare City of Columbus v. Myszka, 246 Ga. 571, 573 (4) ( 272 S.E.2d 302) (1980), holding that "absent statutory authority, a municipality cannot be held liable for punitive damages. [Cits.]" (Emphasis supplied.)

Judgment reversed. McMurray, P. J., and Sognier, J., concur.


DECIDED SEPTEMBER 6, 1990 — REHEARING DENIED SEPTEMBER 19, 1990 — CERT. APPLIED FOR.


Summaries of

Boswell v. Metropolitan Atlanta Rapid Transit Auth

Court of Appeals of Georgia
Sep 6, 1990
196 Ga. App. 902 (Ga. Ct. App. 1990)

In Boswell v. MARTA, 196 Ga. App. 902 (397 S.E.2d 165) (1990), the Court of Appeals held that in a tort suit the Metropolitan Atlanta Rapid Transit Authority (MARTA) may be held liable for punitive damages as well as compensatory damages.

Summary of this case from Marta v. Boswell

In Boswell v. MARTA, 196 Ga. App. 902 (397 S.E.2d 165) (1990), we held that appellee-defendant Metropolitan Atlanta Rapid Transit Authority (MARTA) was not immune from liability for punitive damages because the legislation whereby MARTA had been created contained "`a clear, complete and absolute waiver of [any] governmental immunity from tort liability.

Summary of this case from Boswell v. Metropolitan Atlanta Rapid Transit Auth
Case details for

Boswell v. Metropolitan Atlanta Rapid Transit Auth

Case Details

Full title:BOSWELL v. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY

Court:Court of Appeals of Georgia

Date published: Sep 6, 1990

Citations

196 Ga. App. 902 (Ga. Ct. App. 1990)
397 S.E.2d 165

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