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the Georgia Code
2006 Georgia Code - 32-2-6
32-2-6. (a) The department shall defend any action and
be responsible for all damages awarded therein in any court of this
state against any county under existing laws whenever the cause of
action accrues on a public road which at the time of accrual had
been designated by the department as a part of the state highway
system; provided, however, that no action may be brought under this
Code section until the construction of the public road on which the
injury complained of occurred has been completed and such public
road has been officially opened to traffic as provided in
subsection (b) of this Code section. When any such action is
brought against a county in any court of this state, it shall be
the duty of the plaintiff to provide for service of notice of the
pendency of such action against the county upon the department by
providing for service of a second original process, issued from the
court where the action is filed, upon the commissioner personally
or by leaving a copy of the same in the office of the commissioner
in the Department of Transportation Building, Atlanta, Georgia. The
service of process in such action upon the county shall not be
perfected until such second original process has been served as
provided in this Code section. The department shall also have the
right and authority to defend, adjust, and settle in the name of
such county and on its behalf any claim for damages for which the
department ultimately may be liable under this Code section.
(b) A public road shall be
officially opened to traffic within the meaning of this Code
section on the date that the department gives written notice of
final acceptance of such work to the contractor or political
subdivision performing the work on such road or otherwise in
writing acts so as to open the road to traffic by the general
public.
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