Trial of Actions; Limitations on Amounts of Damages; Caps to Limit Total Damages Regardless of the Type Claimed

  1. Law
  2. Georgia Code
  3. State Government
  4. Waiver of Sovereign Immunity as to Actions Ex Contractu; State Tort Claims
  5. State Tort Claims
  6. Trial of Actions; Limitations on Amounts of Damages; Caps to Limit Total Damages Regardless of the Type Claimed

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  1. Trial of tort actions against the state under this article shall be conducted by a judge with a jury; provided, however, the parties may agree that the same be tried by a judge without a jury.
    1. Except as provided for in paragraph (2) of this subsection, in any action or claim for damages brought under the provisions of this article, no person shall recover a sum exceeding $1 million because of loss arising from a single occurrence, regardless of the number of state government entities involved; and the state's aggregate liability per occurrence shall not exceed $3 million. The existence of these caps on liability shall not be disclosed or suggested to the jury during the trial of any action brought under this article.
    2. In any action or claim for damages brought under the provisions of this article pursuant to Article 8 of Chapter 8 of Title 31, any caps specified under Code Section 51-13-1, notwithstanding any applicability limitations specified in such Code section, shall serve as a total cap of all damages, regardless of the type of damages claimed; provided, however, that in no event shall the state's liability exceed the limits provided for in paragraph (1) of this subsection. The existence of this cap on liability shall not be disclosed or suggested to the jury during the trial of any action brought under this article.

(Code 1981, §50-21-29, enacted by Ga. L. 1992, p. 1883, § 1; Ga. L. 2005, p. 1493, § 6/HB 166.)

RESEARCH REFERENCES

ALR.

- Construction and application of Longshore and Harbor Workers' Compensation Act (LHWCA) - Supreme Court cases, 72 A.L.R. Fed. 2d 1.


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