Opinion
S92A0354.
DECIDED MAY 21, 1992.
Sovereign immunity; constitutional question. DeKalb Superior Court. Before Judge Wood from Lookout Mountain Circuit.
J. Curtis Hanks, for appellant.
John E. Underwood, Bentley, Karesh Seacrest, Stephen D. Apolinsky, Smith, Gambrell Russell, Margaret Ann Murphy, for appellees.
The trial court's retroactive application of the 1990 amendment to the Georgia Constitution eliminating the waiver of the defense of sovereign immunity by the acquisition of liability insurance, was error under Donaldson v. Dept. of Transp., 262 Ga. 49 ( 414 S.E.2d 638) (1992), and must be reversed.
Judgment reversed. All the Justices concur.