GEORGIA DEPT. OF HUMAN RES. v. PHILLIPS

No. S97A0468.

486 S.E.2d 851 (1997)

GEORGIA DEPT. OF HUMAN RESOURCES v. PHILLIPS, et al.

Supreme Court of Georgia.

Reconsideration Denied July 30, 1997.


Attorney(s) appearing for the Case

Kevin Matthew O'Connor, William C. Joy, Asst. Attys. Gen., Dept. of Law, Atlanta, John A. Draughon, Special Asst. Atty. Gen., Sell & Melton, Macon, for Georgia Dept. of Human Resources.

David Frank Walbert, Charles A. Mathis, Jr., David A. Webster, Walbert & Mathis, Atlanta, for Virginia Phillips.


SEARS, Justice.

In this appeal from a plaintiffs' verdict in a wrongful death action, we determine that the parties stipulated in the pretrial order that the Georgia Tort Claims Act's cap on damages recoverable against the State was applicable to their action, thereby limiting the damages that could be awarded to no more than $1 million per plaintiff. Thus, the trial court erred...

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