Curtis v. Board of Regents of University System of Georgia, S92A0341

Decision Date21 May 1992
Docket NumberNo. S92A0341,S92A0341
Citation262 Ga. 226,416 S.E.2d 510
Parties, 75 Ed. Law Rep. 564 CURTIS, et al., v. BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA, et al.
CourtGeorgia Supreme Court

Paul D. Hermann, Kay D. Hopkins, Walbert & Hermann, Atlanta, for Curtis, et al.

Michael J. Bowers, Atty. Gen., Alfred L. Evans, Jr., Sr. Asst. Atty. Gen., Matthew Scott Coles, Smith, Gambrell & Russell, Atlanta, for Bd. of Regents of University System of Georgia.

Sidney F. Wheeler, Earl W. Gunn, Long, Weinberg, Ansley & Wheeler, Atlanta.

CLARKE, Chief Justice.

We granted this application for interlocutory appeal to determine whether the trial court erred in holding that appellants' tort claim should be dismissed on the grounds of sovereign immunity because it was filed after the effective date of the 1991 amendment to Article I, Section II, Paragraph IX of the Georgia Constitution of 1983. We hold that the "insurance waiver" of sovereign immunity provided for in the former constitutional provision was not withdrawn by the passage of the amended constitutional provision as to actions which accrued while the "insurance waiver" was in effect. We therefore reverse.

Thomas Curtis underwent surgery on February 3, 1989, at the Medical College of Georgia. He was discharged five days later, but died hours after his discharge. On January 31, 1991, his relatives brought an action alleging medical malpractice, wrongful death and other claims, against the Board of Regents, the Medical College and various physicians and nurses who participated in Curtis's medical treatment. The Board of Regents filed a motion to dismiss on the grounds of sovereign immunity. The Board of Regents admitted that it carried liability insurance that created a waiver of sovereign immunity under the former sovereign immunity provision of the Georgia Constitution, Article I, Section II, Paragraph IX (1983). But, the Board of Regents asserted that the waiver was withdrawn by the passage of the amended Constitutional provision which deleted the "insurance waiver" language. Because this action was not filed until after January 1, 1991, the effective date of the amended constitutional provision, the Board of Regents asserted that the action should be dismissed.

In Donaldson v. Dept. of Transp., 262 Ga. 49, 414 S.E.2d 638 (1992), we held that the 1991 constitutional amendment would be given only prospective effect. In Donaldson the state argued that even if the amendment was given prospective effect, the amended provision should be interpreted as a withdrawal of the waiver of sovereign immunity. The state asserted that the withdrawal of the waiver would deprive the court of jurisdiction to hear any action still pending after the effective date of the date of the amendment, regardless of when the action accrued. We rejected this argument, holding that the state may not withdraw its waiver of sovereign immunity after a citizen acts in reliance on that waiver by filing suit. Donaldson, supra, at 53, 414 S.E.2d 638. The case before us at that time was filed before the effective date of the constitutional amendment. Therefore, we did not reach the issue of whether the passage of the constitutional amendment acted as a withdrawal of the state's waiver of sovereign immunity in those cases which accrued prior to the effective date of the constitutional amendment that were filed after that date. We address that issue here.

The former constitutional provision waived sovereign immunity to the extent that liability insurance protection was provided. Article I, Section II, Paragraph IX of the Georgia Constitution (1983). The amended constitutional provision deletes the "insurance waiver" clause and provides instead that the "General Assembly may waive the state's sovereign immunity from suit by enacting a State Tort Claims Act." Article I, Section II, Paragraph IX of the Constitution of 1983 (as amended January 1, 1991). Acting under the authority of the 1991 constitutional amendment, the legislature passed a Tort Claims Act during the 1992 legislative session. On April...

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30 cases
  • Lathrop v. Deal
    • United States
    • Georgia Supreme Court
    • June 19, 2017
    ...authorized the General Assembly to enact a State Tort Claims Act, among other changes. See Curtis v. Bd. of Regents of Univ. System of Ga. , 262 Ga. 226, 227, 416 S.E.2d 510 (1992). See also Sentell, Tort Liability , supra, at 411–412, 415–423 (III). But most important for our purposes, the......
  • Gilbert v. Richardson
    • United States
    • Georgia Supreme Court
    • November 21, 1994
    ...by any act of the legislature that meets the stated criteria. As stated by then Chief Justice Clarke in Curtis v. Board of Regents, 262 Ga. 226, 227-228, 416 S.E.2d 510 (1992): The 1991 constitutional amendment, when viewed in light of the Georgia Tort Claims Act that was passed under its a......
  • Brewer v. Purvis
    • United States
    • U.S. District Court — Middle District of Georgia
    • March 10, 1993
    ...is inapplicable because the conduct, which gave rise to Plaintiff's claims, occurred in 1989 and 1990. See Curtis v. Bd. of Regents, 262 Ga. 226, 416 S.E.2d 510 (1992) (waiver not withdrawn by passage of 1991 amendment). Even if the amendment were applicable the result would be the same sin......
  • Nelson v. Bd. of Regents of The Univ. System of Ga.
    • United States
    • Georgia Court of Appeals
    • December 1, 2010
    ...45. See OCGA § 50–21–25(a); Bonner, 301 Ga.App. at 451–452(2)(b), 687 S.E.2d 676. 46. See, e.g., Curtis v. Bd. of Regents of Univ. Sys. of Ga., 262 Ga. 226, 227, 416 S.E.2d 510 (1992). 47. Id . 48. See, e.g., id. at 227–228, 416 S.E.2d 510. 49. See, e.g., Bonner, 301 Ga.App. at 449–452(2)(b......
  • Request a trial to view additional results
1 books & journal articles
  • Waiver of Sovereign Immunity: an Analysis of Gilbert v. Richardson - Susan Hurt
    • United States
    • Mercer University School of Law Mercer Law Reviews No. 47-3, March 1996
    • Invalid date
    ...747-48, 452 S.E.2d at 479-80. 48. Id. at 754, 452 S.E.2d at 484. 49. Id. at 747, 452 S.E.2d at 479. 50. Id. at 748, 452 S.E.2d at 480. 51. 262 Ga. 226, 416 S.E.2d 510 (1992). 52. Id. (citing Curtis v. Board of Regents, 262 Ga. 226, 227-28, 416 S.E.2d 510, 512 (1992)). 53. 264 Ga. at 748 n.6......

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