Board of Regents of the Univ. Sys. of Georgia v. Brooks

The defendant university system was not required to make any further inquiry or investigation into the propriety of the information presented on the face of a payment bond that was in proper form but later determined to be a forgery.

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James Brooks and sixty-eight other individuals collectively “the Plaintiffs” brought the instant lawsuit seeking to recover damages they sustained when their former employer failed to compensate the Plaintiffs for work performed under a contract with Georgia Southern University “GSU”. The Plaintiffs alleged that the Board of Regents of the University System of Georgia “Board of Regents” was negligent in failing to confirm the validity of a payment bond that was presented to GSU.1 The Board of Regents moved to dismiss the complaint, contending, among other things, that the claims were barred by sovereign immunity and the applicable statute of limitation and the Plaintiffs failed to state a claim upon which relief could be granted. The trial court denied the Board of Regents’ motion, and the Board of Regents appeals from that ruling. Since we find that sovereign immunity bars the instant action against the Board of Regents, we reverse.

“On appeal, this Court reviews the denial of a motion to dismiss de novo. However, we construe the pleadings in the light most favorable to the plaintiff with any doubts resolved in the plaintiff’s favor.” Citation and punctuation omitted. Ga. Dept. of Community Health v. Data Inquiry, LLC, 313 Ga. App. 683 722 SE2d 403 2012.2 “The party seeking to benefit from the waiver of sovereign immunity has the burden of proof to establish waiver.” Punctuation and citation omitted. Bonner, supra, 301 Ga. App. at 443.

Board of Regents of the Univ. Sys. of Georgia v. Brooks

The defendant university system was not required to make any further inquiry or investigation into the propriety of the information presented on the face of a payment bond that was in proper form but later determined to be a forgery.

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