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Department of Transp. v. Jarvie

The Georgia DOT was entitled to sovereign immunity on the plaintiffs' claims alleging that it negligently allowed its general contractor to design, install and use a dangerous stockpile of aggregate rock in an interstate median.

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The Georgia Department of Transportation “DOT” appeals from the denial of its motion to dismiss a lawsuit filed by the surviving children of William Jarvie, who died as a passenger in a collision with a construction vehicle on Interstate 95. The DOT contends that the trial court erred by ruling that it was not entitled to sovereign immunity, arguing that the licensing powers exception to the waiver of immunity under the Georgia Tort Claims Act “GTCA” prohibits liability for the DOT’s approval of a construction methodology proposed and designed by an independent contractor. For the reasons that follow, we reverse.

“We review de novo a trial court’s denial of a motion to dismiss based on sovereign immunity grounds, which is a matter of law. However, factual findings by the trial court in support of its legal decision are sustained if there is evidence authorizing them.”1

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