Foster v. Georgia Regional Transp. Auth.Annotate this Case
Dana Foster sued the Georgia Regional Transportation Authority under the provisions of the Georgia Tort Claims Act, alleging that the Authority was liable in tort for injuries that she sustained while riding as a passenger on its bus. The Authority moved for judgment on the pleadings, noting that the period of limitation for a claim under the Tort Claims Act is two years, and Foster filed her lawsuit more than two years after she sustained the injuries in question.1 Foster, however, had given ante litem notice of her claim to the Authority and the Department of Administrative Services as required by the Act, and she argued that the period of limitation was tolled for so long as her notice of claim was pending. The trial court denied the motion for judgment on the pleadings, and the Authority took an interlocutory appeal. Concluding that the tolling provision of OCGA 36-33-5(d) had no application to a claim asserted under the Tort Claims Act, the Court of Appeals reversed. The Supreme Court issued a writ of certiorari to review the decision of the Court of Appeals, and although its analysis differs from that of the Court of Appeals, the Supreme Court concluded that the Court of Appeals reached the right result. Accordingly, the Court affirmed the appellate court's judgment.