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DOT v. MONTGOMERY TANK LINES

Nos. S02G0700, S02G0701, S02G1028.

575 S.E.2d 487 (2003)

276 Ga. 105

DEPARTMENT OF TRANSPORTATION et al. v. MONTGOMERY TANK LINES, INC. Department of Transportation et al. v. Reliance National Indemnity Company. Department of Transportation v. Federal Express Corporation.

Supreme Court of Georgia.

January 13, 2003.

Attorney(s) appearing for the Case

Thurbert E. Baker, Atty. Gen., Kathleen M. Pacious, Deputy Atty. Gen., Loretta L. Pinkston, Senior Asst. Atty. Gen., for appellants (case nos. S02G0700, S02G0701).

Arnall, Golden & Gregory, Stefan C. Passantino, James A. Gober, Atlanta, for appellees (case nos. S02G0700, S02G0701).

Bovis, Kyle & Burch, John H. Peavy, Jr., Atlanta, amicus curiae (case nos. S02G0700, S02G0701).

Thurbert E. Baker, Atty. Gen., Kathleen M. Pacious, Deputy Atty. Gen., Loretta L. Pinkston, Senior Asst. Atty. Gen., for appellant (case no. S02G1028).

Bovis, Kyle & Burch, John H. Peavy, Jr., Arnall, Golden & Gregory, Stefan C. Passantino, James A. Gober, James W. Smith, for appellee (case no. S02G1028).

SEARS, Presiding Justice.

We granted certiorari in these cases to determine whether the Court of Appeals erred in holding that the waiver of sovereign immunity set forth in the Georgia Torts Claim Act (the "GTCA") applies to lawsuits seeking contribution and indemnity from the State on the ground that it was a joint tortfeasor.1 We conclude that the GTCA waives the State's sovereign immunity for such claims so long as the activity of the...

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