Supreme Court of Georgia

Georgia Ports Authority v. Lawyer.

November 1, 2018821 S.E.2d 22

Summary

The court overruled its prior determination that the Georgia Ports Authority is not an arm of the state and held that the Authority is protected by sovereign immunity from state-court maritime tort claims. Applying a three-factor arm-of-the-state inquiry, the court relied on the Authority’s statutory status, extensive state control, and substantial financial dependence on the State. Because the State waived immunity under the Tort Claims Act only for damages up to $1 million, the court reversed the judgment allowing recovery above that amount.