Summary
holding that Ga.DOT, as a state agency, does not come within the ambit of statutory provision applying to municipal corporations, counties, or other political subdivisions of the state
Summary of this case from Robinson v. Georgia Dept. of TranspOpinion
65006.
DECIDED JANUARY 24, 1983.
Action for damages. Fulton Superior Court. Before Judge Hicks.
C. Wheeler Huggins, pro se. Michael E. Hobbs, Assistant Attorney General, for appellee.
Appellant-Huggins sued appellee-Georgia Department of Transportation for personal injuries arising out of a collision with a Department vehicle parked on an interstate highway. Appellee filed a motion to dismiss, citing numerous grounds. The motion to dismiss was granted on the basis of sovereign immunity and appellant appeals.
Appellant first argues that Code Ann. § 95A-304 (a) constitutes a waiver of sovereign immunity which allows DOT to be sued in a negligence action such as the instant case. This contention has been rejected in Andrews v. Dept. of Transp., 133 Ga. App. 78 (1) ( 210 S.E.2d 30) (1974) and Counihan v. Dept. of Transp., 162 Ga. App. 374 (1) ( 290 S.E.2d 514) (1982). "There was no intent by the General Assembly [in enacting Code Ann. § 95A-304 (a)] to waive immunity and permit suits for torts against the Department of Transportation." Andrews v. Dept. of Transp., supra at 79. See also Sikes v. Candler County, 247 Ga. 115, 117 (2) ( 274 S.E.2d 464) (1981); Crowder v. Dept. of State Parks, 228 Ga. 436, 438 (1) ( 185 S.E.2d 908) (1971); Roberts v. Barwick, 187 Ga. 691, 693 (1) ( 1 S.E.2d 713) (1939); Tounsel v. State Hwy. Dept., 180 Ga. 112, 116, 118-119 ( 178 S.E. 285) (1935).
Appellant also relies upon Code Ann. § 56-2437 which provides for waiver of governmental immunity to the extent of the amount of motor vehicle liability insurance purchased by "a municipal corporation, a county or any other political subdivision of this State ..." Code Ann. § 56-2437 (2). The Department of Transportation, as a state agency (see Code Ann. § 95A-302), does not come within the ambit of this statutory provision. Hicks v. Shea, 149 Ga. App. 396 (2) ( 254 S.E.2d 511) (1979). See Code Ann. § 89-932; Alley v. Great American Ins. Co., 160 Ga. App. 597, 598 fn. 1 ( 287 S.E.2d 613) (1981).
The trial court did not err in granting appellee's motion to dismiss.
Judgment affirmed. Shulman, C. J., and Quillian, P. J., concur.