2020 Georgia Code
Title 50 - State Government
Chapter 21 - Waiver of Sovereign Immunity as to Actions Ex Contractu; State Tort Claims
Article 2 - State Tort Claims
§ 50-21-28. Venue of Actions
All tort actions against the state under this article shall be brought in the state or superior court of the county wherein the tort giving rise to the loss occurred; provided, however, that wrongful death actions may be brought in the county wherein the tort giving rise to the loss occurred or the county wherein the decedent died, and provided, further, that in any case in which an officer or employee of the state may be included as a defendant in his or her individual capacity, the action may be brought in the county of residence of such officer or employee. All actions against the state for losses sustained in any other state shall be brought in the county of residence of any officer or employee residing in this state upon whose actions or omissions the claim against the state is based.
(Code 1981, §50-21-28, enacted by Ga. L. 1992, p. 1883, § 1; Ga. L. 2017, p. 628, § 1/SB 126.)
The 2017 amendment, effective July 1, 2017, in the first sentence, inserted "tort giving rise to the" near the beginning, inserted "wrongful death actions may be brought in the county wherein the tort giving rise to the loss occurred or the county wherein the decedent died, and provided, further, that" in the middle, and inserted "or her" near the end. See Editor's note for applicability.
Editor's notes.- Ga. L. 2017, p. 628, § 2/SB 126, not codified by the General Assembly, provides that the amendment of this Code section shall apply only to causes of action filed on or after July 1, 2017.
