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Board of Regents of the Univ. Sys. of GA v. Jordan

Venue was proper in DeKalb County in the plaintiffs' lawsuit asserting claims for negligence under the Georgia Tort Claims Act, since the plaintiffs suffered a substantial portion of their losses there.

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The parents of Cayleb Drayton and the parents of Jonathan White “the plaintiffs” filed separate lawsuits in DeKalb County asserting claims for negligence under the Georgia Tort Claims Act against the Board of Regents of the University System of Georgia “BOR” and MCG Health, Inc., MCG Health System, Inc., the Medical College of Georgia Physician Practice Group Foundation, and Georgia Regents Medical Associates, Inc. collectively “MCG” arising out of the medical care and treatment that their children received at the Children’s Hospital of Georgia Georgia Regents Medical Center in Richmond County. After undergoing surgical procedures there, the children were transferred to Children’s Healthcare of Atlanta in DeKalb County, where they underwent multiple corrective surgeries requiring lengthy hospitalization. Although the alleged negligent acts or omissions that form the bases of the lawsuits occurred solely in Richmond County, the plaintiffs filed their respective complaints in DeKalb County, where a substantial portion of their resulting losses occurred. The trial court denied BOR and MCG’s motions to transfer the cases to Richmond County, finding that venue was proper in DeKalb County pursuant to OCGA § 50-21-28. These interlocutory appeals ensued. As the issues of venue presented in Case Nos. A15A1994, A15A1995, A15A2125, and A15A2126 are identical, we consolidate the cases for the purposes of appellate review. For the reasons that follow, we affirm the trial court’s ruling on the motions to transfer.

1. BOR and MCG contend that the trial court erred in concluding that venue is proper in DeKalb County, where a substantial portion of the plaintiffs’ losses occurred. We disagree.

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