Foster v. Georgia Regional Transportation Authority
297 Ga. 714
Ga.2015Background
- Plaintiff Dana Foster was injured as a passenger on a Georgia Regional Transportation Authority (GRTA) bus on August 16, 2011 and filed suit under the Georgia Tort Claims Act (GTCA) on September 18, 2013.
- The GTCA imposes a two-year statute of limitations for tort claims against state entities. Foster filed after two years had elapsed.
- Foster gave ante litem notice to the Authority and Department of Administrative Services within the two-year period and argued that the pendency of that notice tolled the limitations period.
- Foster relied on OCGA § 50-21-27(e) (GTCA tolling clause) and OCGA § 36-33-5(d) (tolling for ante litem demands against municipal corporations) to argue tolling applied.
- GRTA moved for judgment on the pleadings; the trial court denied the motion and the Authority appealed. The Court of Appeals reversed, holding OCGA § 36-33-5(d) does not apply to claims against GRTA.
- The Georgia Supreme Court granted certiorari, reviewed statutory text and context, and affirmed the Court of Appeals’ judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OCGA § 36-33-5(d)’s tolling of the statute of limitations applies to claims against GRTA under the GTCA | Foster: § 50-21-27(e) incorporates tolling provisions like § 36-33-5(d) so the limitation was tolled while her ante litem notice was pending | GRTA: § 36-33-5(d) by its terms applies only to claims against municipal corporations, and GRTA is not a municipal corporation, so it does not apply | Held: § 36-33-5(d) applies only to claims against municipal corporations and therefore does not toll Foster’s GTCA claim against GRTA; judgment of Court of Appeals affirmed |
Key Cases Cited
- Deal v. Coleman, 294 Ga. 170 (statutory interpretation presumes legislature meant what it said)
- FDIC v. Loudermilk, 295 Ga. 579 (read statutes in ordinary English and context)
- Smith v. Ellis, 291 Ga. 566 (do not read statutory words in isolation; consider context)
- May v. State, 295 Ga. 388 (contextual tools for construing statutes)
- Ga. Regional Transp. Auth. v. Foster, 329 Ga. App. 258 (Court of Appeals decision reversing trial court)
- Greene v. Team Properties, 247 Ga. App. 544 (Court of Appeals dictum suggesting ante litem notice tolled limitations under § 36-33-5(d); disapproved to extent inconsistent)
- Howard v. State of Ga., 226 Ga. App. 543 (prior GTCA case referenced in Greene)