BRANTLEY v. DEPARTMENT OF HUMAN RESOURCES

No. S99G0595.

523 S.E.2d 571 (1999)

271 Ga. 679

BRANTLEY et al. v. DEPARTMENT OF HUMAN RESOURCES.

Supreme Court of Georgia.

November 15, 1999.


Attorney(s) appearing for the Case

Westmoreland, Patterson & Moseley, Thomas H. Hinson, Macon, for appellant.

Thurbert E. Baker, Attorney General, Kathleen M. Pacious, Deputy Attorney General, Loretta L. Pinkston, Brenda A. Raspberry, Assistant Attorneys General, for appellee.

Craig T. Jones, Atlanta, Reynolds & McArthur, Charles M. Cork III, Macon, Middleton, Mathis, Adams & Tate, Maryellen Griffin, The Post Law Firm, Kirk J. Post, Mal S. Duncan, Atlanta, amici curiae.


SEARS, Justice.

We granted certiorari in this case to consider whether the Court of Appeals1 properly construed the discretionary function exception to state liability under the Georgia Tort Claims Act.2 For the reasons that follow, we conclude that the Court of Appeals did not properly construe that exception, and we therefore reverse.

On July 18, 1996, two-year-old Lisa Marie Wynn tragically drowned...

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