Sheley v. Board of Public Ed. for City of Savannah
| Citation | 233 Ga. 487,212 S.E.2d 627 |
| Decision Date | 22 January 1975 |
| Docket Number | 29239,Nos. 29173,s. 29173 |
| Parties | Alice E. SHELEY v. BOARD OF PUBLIC EDUCATION FOR the CITY OF SAVANNAH and the County of Chatham. Naheed AZIZI v. BOARD OF REGENTS OF the UNIVERSITY SYSTEM OF GEORGIA et al. |
| Court | Supreme 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
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...
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