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Gambell v. Georgia Ports Auth.

The plaintiff failed to give ante litem notice as required to maintain his action against the Georgia Ports Authority.

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Lynwood Gambell appeals from the dismissal of his complaint for monetary damages brought against the Georgia Ports Authority “GPA”. Because we conclude that Gambell does not have a viable cause of action against the GPA under either the Georgia Tort Claims Act OCGA § 50-21-20 et seq. or the Georgia Constitution, we affirm. Gambell’s complaint alleges that on October 20, 2000, Gambell, a truck driver, entered the GPA’s terminal located on the Savannah River to deliver a load of cargo. During the course of the delivery, Gambell became involved in an altercation with a GPA employee, who allegedly assaulted him. As a result of the altercation, the GPA barred Gambell from its Savannah River terminal for 30 days. Because his sole means of livelihood was the delivery of goods to the terminal on behalf of his employer, Gambell allegedly suffered severe economic loss as a result of being barred from the terminal.

Gambell subsequently filed suit against the GPA seeking monetary damages for the alleged violation of his due process rights under state law.1 Gambell contended that his due process rights were violated because he was barred from the GPA’s terminal without a hearing. The GPA timely answered and moved for dismissal, arguing that it was entitled to the defense of sovereign immunity under the Georgia Constitution and the Georgia Tort Claims Act. The GPA also argued that Gambell’s complaint should be dismissed because he failed to comply with the ante litem notice provisions of the Georgia Tort Claims Act OCGA § 50-21-26. The trial court granted the GPA’s motion and dismissed the complaint.

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