DEPARTMENT OF TRANSPORTATION v. JARVIE Et Al.
329 Ga. App. 681
Ga. Ct. App.2014Background
- DOT awarded Seaboard a general contractor contract for an I-95 widening project.
- Seaboard proposed stockpiling aggregate in the highway median; DOT approved the stockpile area with conditions including a DOT-approved traffic control plan.
- Plaintiffs allege Jarvie’s death resulted from a dump truck entering the highway from the approved stockpile area.
- The DOT moved to dismiss on sovereign-immunity grounds; the trial court denied the motion.
- Court holds DOT immune under GTCA licensing powers/plan-design exemptions for approval of Seaboard’s stockpile plan; DOT not liable for independent-contractor conduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether licensing powers exemption waives immunity for DOT’s approval of Seaboard’s stockpile plan. | Jarvie’s estate seeks liability for approval of plan. | DOT immunity preserved by licensing powers exemption. | DOT immune; licensing powers exemption applies. |
Key Cases Cited
- Reidling v. City of Gainesville, 280 Ga. App. 698 (2006) (immunity decision tied to design/approval of project and disposal site)
- Kovalcik v. Dept. of Transp., 328 Ga. App. 185 (2014) (on-site monitoring vs. inspection scope; distinguishes approval decisions from inspections)
- Sommers Oil Co. v. Ga. Dept. of Agriculture, 305 Ga. App. 330 (2010) (agency immune from collusive inspection claims; state immunity scope)