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ANDREWS v. DEPARTMENT OF TRANSPORTATION

49539.

133 Ga. App. 78 (1974)

210 S.E.2d 30

ANDREWS et al. v. DEPARTMENT OF TRANSPORTATION et al.

Court of Appeals of Georgia.

Decided October 1, 1974.

Rehearing Denied October 18, 1974.

Attorney(s) appearing for the Case

Lazarus, Stokes & Kaplan, Marion B. Stokes, III, John H. Watson, for appellants.

Arthur K. Bolton, Attorney General, Robert S. Stubbs, II, Executive Assistant Attorney General, Richard L. Chambers, Marion O. Gordon, Assistant Attorneys General, Michael E. Sullivan, Deputy Assistant Attorney General, for appellees.

BELL, Chief Judge.

Plaintiff brought this suit for wrongful death based on negligence against the Department of Transportation and one of its employees. The trial court dismissed the Department of Transportation as a party on the basis of sovereign immunity. Held:

1. Code Ann. § 95A-304 (a) (Ga. L. 1973, pp. 947, 983) provides: "The Department shall have the authority to bring suits, and it may be sued in such actions as are permitted by law. In...

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