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Grant v. Faircloth

Plaintiff's failure to comply with the ante litem notice requirement under O.C.G.A. § 50-21-21 was fatal to his injury claim against Georgia Southern University and the Board of Regents.

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Gordon Grant brought a tort action against Timothy Faircloth, Jr. for negligently running into him with a golf cart on September 29, 1997, while acting within the scope of his employment with Georgia Southern University, The Board of Regents, and John Does 1-5. The defendants, after service, answered and moved for dismissal for lack of subject matter jurisdiction in this action under The Georgia Tort Claims Act, OCGA § 50-21-26 a 3. The trial court granted the motion, and we affirm.

Plaintiff sued Faircloth and other unknown individuals who were acting in the scope of their employment for the State when the alleged unintentional tort occurred. Sovereign immunity of the State is waived only in strict compliance with the act. Kim v. Dept. of Transp., 235 Ga. App. 480, 481- 482 2 510 SE2d 50 1998; McGee v. State of Ga., 227 Ga. App. 107, 108-109 1 487 SE2d 671 1997; Howard v. State of Ga., 226 Ga. App. 543-545 1 487 SE2d 112 1997. The Act expressly prohibits suits against state employees absent a showing of malice. OCGA § 50-21-25 a; Merrow v. Hawkins, 266 Ga. 390, 392 2 467 SE2d 336 1996. Under the Act, Faircloth and any other employees are immune from tort liability. Ga. Const. of 1983, Art. I, Sec. II, Par. IX d; OCGA § 50-21-25 a; Riddle v. Ashe, 269 Ga. 65, 66 1 495 SE2d 287 1998.

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