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BOSWELL v. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY

A90A0849.

201 Ga. App. 177 (1991)

410 S.E.2d 829

BOSWELL v. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY.

Court of Appeals of Georgia.

Decided September 12, 1991.

Attorney(s) appearing for the Case

James Booker, for appellant.

Gorby, Reeves, Moraitakis & Whiteman, Michael J. Gorby, Stephanie L. Scheier, Michael E. Fisher, for appellee.

Salem & Wong, Alvin T. Wong, Beltran & Buckley, Frank J. Beltran, William Q. Bird, amici curiae.

CARLEY, Judge.

In Boswell v. MARTA, 196 Ga.App. 902 (397 S.E.2d 165) (1990), we held that appellee-defendant Metropolitan Atlanta Rapid Transit Authority (MARTA) was not immune from liability for punitive damages because the legislation whereby MARTA had been created contained "`a clear, complete and absolute waiver of [any] governmental immunity from tort liability.'" On certiorari,...

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