D.O.T. v. Federal Express

Full title: DEPARTMENT OF TRANSPORTATION v. FEDERAL EXPRESS CORPORATION

Court: Court of Appeals of Georgia

Date published: Mar 19, 2003

579 S.E.2d 827 (Ga. Ct. App. 2003)

579 S.E.2d 827

Opinion

A01A2476.

Decided March 19, 2003

Tort Claims Act. Liberty Superior Court. Before Judge Russell.

Thurbert E. Baker, Attorney General, Kathleen M. Pacious, Deputy Attorney General, Loretta L. Pinkston, Senior Assistant Attorney General, for appellant.

Bovis, Kyle Burch, John H. Peavy, Jr., Ratcliffe Smith, James W. Smith, for appellee.

MILLER, Judge.

In Dept. of Transp. v. Montgomery Tank Lines, 276 Ga. 105 ( 575 S.E.2d 487) (2003), the Supreme Court affirmed in part and vacated in part this Court's decision in Dept. of Transp. v. Federal Express Corp., 254 Ga. App. 149 ( 561 S.E.2d 470) (2002). While affirming our decision, the Supreme Court further held that we prematurely decided whether the alleged tortious activity of the State fell within an exception set forth in OCGA § 50-21-25. Accordingly, the judgment of this Court is vacated insofar as it decides that issue, and the judgment of the Supreme Court is made the judgment of this Court in that respect.

Judgment affirmed. Andrews, P.J., and Eldridge, J., concur.

MILLER, Judge.

DECIDED MARCH 19, 2003.