Sheley v. Board of Public Ed. for City of Savannah

Citation233 Ga. 487,212 S.E.2d 627
Decision Date22 January 1975
Docket Number29239,Nos. 29173,s. 29173
CourtSupreme Court of Georgia

Falligant, Doremus, Karsman, Kent & Toporek, Stanley Karsman, Savannah, for appellant in No. 29173.

Basil Morris, Savannah, for appellees in No. 29173.

White & Jewett, Robert John White, C. Lawrence Jewett, Atlanta, for appellant in No. 29239.

Arthur K. Bolton, Atty. Gen., Alfred L. Evans, Jr., Asst. Atty. Gen., Atlanta, for appellees in No. 29239.

Kaler, Karesh & Frankel, Glenville Haldi, Atlanta, amicus curiae.

Syllabus Opinion by the Court

GUNTER, Justice.

We granted applications for writs of certiorari to the Court of Appeals in these two cases for the purpose of reassessing the rule of immunity of the state, its agencies, and subdivisions from liability for tort claims presented in our courts. Regardless of the merits or demerits of the immunity rule, it is conceded that it has existed throughout this state's history except in those situations where it has been eliminated by statutes enacted by the Georgia General Assembly.

This court has acknowledged that the immunity rule was judicially created and that it could be judicially abrogated. The majority and dissenting opinions fully treat this issue in Crowder v. State Parks Department, 228 Ga. 436, 185 S.E.2d 908. We have again reviewed this issue in the context of these two cases, and we conclude that, because of the amendment to the Georgia Constitution proposed by the 1973 General Assembly and ratified by the electorate at the 1974 General Election, changes in the immunity rule, and the extent of such changes and in what circumstances, are now solely within the domain of the General Assembly of Georgia.

The constitutional amendment referred to is set forth in Ga.L.1973, pp. 1489-1490. It authorizes the General Assembly 'to create and establish a State Court of Claims with jurisdiction to try and dispose of cases involving claims for injury to damage, except the taking or private property for public purposes, against the State of Georgia, its agencies or political subdivisions, as the General Assembly may provide by law.' It further provides: 'Nothing contained herein shall constitute a waiver of the immunity of the State from suit, but such sovereign immunity is expressly reserved except to the extent of any waiver...

To continue reading

Request your trial
41 cases
  • Lathrop v. Deal
    • United States
    • Supreme Court of Georgia
    • June 19, 2017
    ......University System of Ga. Board of Regents , 298 Ga. 425, 428 n.4, 782 S.E.2d 436 (2016), ...410 procedure with the Department of Public Health, see Ga. L. 2012, p. 575, § 3 (codified at OCGA § ...12 See Sheley v. Bd. of Public Education , 233 Ga. 487, 487, 212 S.E.2d ...16 See Hiers v. City of Barwick , 262 Ga. 129, 131, 414 S.E.2d 647 (1992). As a ......
  • Johnson v. 3M
    • United States
    • U.S. District Court — Northern District of Georgia
    • September 20, 2021
    ...courts were one and the same and could not be modified by [the Georgia Supreme] Court." Id. (citing Sheley v. Bd. of Pub. Ed. for City of Savannah , 233 Ga. 487, 212 S.E.2d 627 (1975) ). Accordingly, the 1974 amendment preserved the expansion of municipal liability articulated in Town of Fo......
  • Brown v. Wichita State University
    • United States
    • United States State Supreme Court of Kansas
    • March 6, 1976
    ...406 U.S. 914, 92 S.Ct. 1768, 32 L.Ed.2d 113 (1972); Azizi v. Board of Regents, 132 Ga.App. 384, 208 S.E.2d 153 (1974), aff'd 233 Ga. 487, 212 S.Ed.2d 627 (1975); O'Dell v. School District of Independence, supra; and Swafford v. City of Garland, 491 S.W.2d 175 (Tex.Civ.App.1973).) States who......
  • Davis v. GRIFFIN-SPALDING CTY., GA., BD. OF ED., Civ. A. No. C-75-6-N.
    • United States
    • U.S. District Court — Northern District of Georgia
    • April 15, 1976
    ...only for "educational purposes." Sheley v. Board of Public Education, 132 Ga.App. 314, 208 S.E.2d 126 (1974), cert. dismissed, 233 Ga. 487, 212 S.E.2d 627 (1975) (where the court held that a wrongful death action did not fit within the definition of "educational purpose"). See also Board of......
  • Request a trial to view additional results
1 books & journal articles

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT