Douglas Asphalt Co. v. Georgia Department of Transportation
319 Ga. App. 47
Ga. Ct. App.2012Background
- Douglas Asphalt, as ATS’s assignee, sued GDOT for indemnity and contribution to cover a verdict obtained by Douglas Asphalt against ATS.
- GDOT moved to dismiss alleging sovereign immunity; the trial court initially denied, then later granted dismissal.
- GDOT allegedly contracted with ATS in 2003 to test asphalt core samples to determine hydrated lime content, directing a specific testing procedure.
- ATS allegedly pressed concerns about procedure validity; GDOT purportedly instructed continued testing despite reliability questions.
- In 2006, Douglas Asphalt sued ATS in federal court and, before verdict, settled for $1 million and assigned its right to sue GDOT if Douglas Asphalt prevailed.
- The Georgia trial court ultimately dismissed the complaint on sovereign-immunity grounds, a decision upheld on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do sovereign-immunity waivers permit indemnity against GDOT? | Douglas Asphalt argues GDOT breached contract and should indemnify; waiver exists if contract specifies indemnity. | GDOT contends no explicit indemnity provision waives sovereign immunity; no written contract shown. | Indemnity claim barred; no explicit indemnity provision and immunity not waived. |
| Is the contribution claim viable against GDOT? | As ATS’s assignee, Douglas Asphalt seeks contribution as a joint tortfeasor with GDOT. | GDOT argues no waiver because underlying claim sounds in tort and/or activity falls within immunity exceptions only for tort claims. | Contribution claim dismissed; action sounds in contract, not tort, and sovereign immunity not waived. |
Key Cases Cited
- Emergency Professionals of Atlanta v. Watson, 288 Ga. App. 473 (Ga. App. 2007) (implied indemnification not implied without explicit contract)
- United Parcel Svc. v. Colt Security Agency, 296 Ga. App. 815 (Ga. App. 2009) (rejecting implied contractual indemnification)
- Satilla Community Svc. Bd. v. Satilla Health Svcs., 275 Ga. 805 (Ga. 2002) (restricts tort claims against state authorities absent waiver)
- Urban Svcs. Group v. Royal Group, 295 Ga. App. 350 (Ga. App. 2008) (contractual duties govern indemnity/waiver analysis)
- Ga. Dept. of Community Health v. Data Inquiry, LLC, 313 Ga. App. 683 (Ga. App. 2012) (discusses waiver and scope of GTCA immunity)