Opinion
A90A0849.
DECIDED SEPTEMBER 12, 1991.
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.
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.'" On certiorari, however, the Supreme Court reversed, concluding that, "as a matter of law, an award of punitive damages against MARTA would violate public policy. . . ." Metropolitan Atlanta Rapid Transit Auth. v. Boswell, 261 Ga. 427 ( 405 S.E.2d 869) (1991). Accordingly, our original judgment is vacated, the judgment of the Supreme Court is made the judgment of this court and the judgment of the trial court is hereby affirmed.
Judgment affirmed. Sognier, C. J., and McMurray, P. J., concur.