830 S.E.2d 770
Ga. Ct. App.2019Background
- On Feb. 13, 2016, 14-year-old Tomari Jackson drowned on a school trip in a river at Monkey Bay Wildlife Sanctuary in Belize.
- Mother Adell Forbes sued on Mar. 24, 2017 in Georgia for her son’s pre-death personal injuries (common-law claim) and for wrongful death (statutory claim), naming Monkey Bay, its owner, Cobb County School District, chaperones, and others.
- Trial court dismissed claims: Cobb County School District on sovereign immunity; teacher chaperones on official immunity; and remaining claims as time-barred under Belize’s Law of Torts Act 12‑month wrongful-death limitation.
- The Belize Law of Torts Act creates the wrongful-death cause of action and prescribes a 12‑month limitation and a damages scheme measured from survivors’ losses.
- Forbes appealed the dismissal arguing Georgia law (including Georgia limitation periods and damages principles) should apply; defendants contended Belize law (which extinguishes the cause after 12 months) controls.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Choice of law for wrongful-death claim and whether claim is time‑barred | Georgia law/public‑policy exception applies; Belize wrongful‑death statute violates Georgia public policy, so Georgia limitations govern and claim is timely | Belize Law of Torts Act creates cause of action with 12‑month condition precedent; failure to sue within 12 months extinguishes claim | Georgia public‑policy exception applies; Belize wrongful‑death provisions (including limitation) are not enforced; Georgia statute of limitation governs; wrongful‑death claim timely |
| Statute of limitations for pre‑death personal‑injury (common‑law) claim | Georgia two‑year statute governs and claim was timely filed | Belize limitation argued to bar all claims because tort occurred in Belize | Common‑law personal‑injury claim is governed by forum (Georgia) procedural law; claim is timely under Georgia two‑year statute |
Key Cases Cited
- Dowis v. Mud Slingers, Inc., 279 Ga. 808 (state where tort occurred supplies substantive law; forum supplies procedural law)
- Taylor v. Murray, 231 Ga. 852 (forum statute of limitations controls when limitation is procedural)
- Carroll Fulmer Logistics Corp. v. Hines, 309 Ga. App. 695 (Georgia refuses to apply foreign wrongful‑death law that measures damages from survivors’ perspective)
- Griffin v. Hunt Refining Co., 292 Ga. App. 451 (limitation is substantive when it is a condition precedent created by the statute that creates the cause of action)
- Bibbs v. Toyota Motor Corp., 304 Ga. 68 (Georgia measures wrongful‑death damages from decedent’s perspective)