Georgia Ports Authority v. Lawyer
342 Ga. App. 161
| Ga. Ct. App. | 2017Background
- Bruce Lawyer was injured aboard M/V Ibrahim Dede while securing cargo at the Garden City Terminal (Port of Savannah) when a 16‑lb twist lock fell and struck his head, causing severe injuries.
- Lawyer sued the Georgia Ports Authority (GPA) in Chatham County Superior Court under federal maritime law and the Georgia Tort Claims Act (GTCA).
- GPA moved pretrial to dismiss the maritime claim, asserting Eleventh Amendment immunity as an instrumentality/arm of the State; the trial court deferred ruling until after trial.
- A jury found GPA solely negligent and awarded Lawyer $4.5 million; the GTCA cap ($1M) made Eleventh Amendment immunity dispositive for the excess recovery.
- After verdict, the trial court denied GPA’s motion to dismiss the maritime claim and entered judgment for Lawyer; GPA appealed those rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether GPA is entitled to Eleventh Amendment immunity as an arm/instrumentality of the State | Lawyer: GPA is not an arm of the State and therefore not immune | GPA: Under the Eleventh Circuit three‑part test, GPA is an instrumentality of Georgia and immune from suit | Court: Bound by Georgia Supreme Court precedent in Hines holding GPA is not an arm of the State; denied GPA immunity |
| Whether Lawyer presented evidence that the injury occurred on navigable waters (required for maritime jurisdiction) | Lawyer: GPA admitted in its answer that the vessel was on navigable waters; admission relieved Lawyer of proving navigability | GPA: Lawyer failed to produce evidence of navigable waters, so maritime claim should be dismissed/directed verdict for GPA | Court: GPA’s admission in its answer was an admission in judicio and binding; directed verdict denied |
Key Cases Cited
- Regents of the Univ. of California v. Doe, 519 U.S. 425 (recognition that Eleventh Amendment protections extend to state instrumentalities)
- Alden v. Maine, 527 U.S. 706 (Eleventh Amendment bars private suits against states in state courts)
- Hines v. Ga. Ports Auth., 278 Ga. 631 (Ga. 2004) (adopted three‑part Eleventh Amendment arm‑of‑state test and held GPA is not an arm)
- Vierling v. Celebrity Cruises, 339 F.3d 1309 (11th Cir. 2003) (three‑factor test for instrumentality/arm‑of‑state analysis)
- Tundidor v. Miami‑Dade County, 831 F.3d 1328 (11th Cir. 2016) (definition/analysis of navigable waters for maritime jurisdiction)
- The Daniel Ball, 77 U.S. 557 (establishing historic definition of navigable waters)
- In re State of New York, 256 U.S. 490 (Eleventh Amendment immunity applies to federal admiralty and maritime claims)