Boswell v. Metropolitan Atlanta Rapid Transit Authority

Court of Appeals of Georgia

Boswell v. Metropolitan Atlanta Rapid Transit Authority

410 S.E.2d 829, 201 Ga. App. 177, 1991 Ga. App. LEXIS 1254

CourtCourt of Appeals of Georgia

DecidedSeptember 12, 1991

DocketA90A0849

StatusPublished

This text of 410 S.E.2d 829 (Boswell v. Metropolitan Atlanta Rapid Transit Authority) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Boswell v. Metropolitan Atlanta Rapid Transit Authority, 410 S.E.2d 829, 201 Ga. App. 177, 1991 Ga. App. LEXIS 1254 (Ga. Ct. App. 1991).

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Opinion

Carley, Judge.

In Boswell v. MARTA, 196 Ga. App. 902 (397 SE2d 165) (1990), we held that appellee-defendant Metropolitan Atlanta Rapid Transit Authority (MARTA) was not immune from liability for punitive damages because the legislation whereby MARTA had been created contained “ ‘a clear, complete and absolute waiver of [any] governmental immunity from tort liability.’ ” On certiorari, however, the Supreme Court reversed, concluding that, “as a matter of law, an award of punitive damages against MARTA would violate public policy. . . .” Metropolitan Atlanta Rapid Transit Auth. v. Boswell, 261 Ga. 427 (405 SE2d 869) (1991). Accordingly, our original judgment is vacated, the judgment of the Supreme Court is made the judgment of this court and the judgment of the trial court is hereby affirmed.

Judgment affirmed.

Sognier, C. J., and McMurray, P. J., concur.

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Carley, Judge.

In Boswell v. MARTA, 196 Ga. App. 902 (397 SE2d 165) (1990), we held that appellee-defendant Metropolitan Atlanta Rapid Transit Authority (MARTA) was not immune from liability for punitive damages because the legislation whereby MARTA had been created contained “ ‘a clear, complete and absolute waiver of [any] governmental immunity from tort liability.’ ” On certiorari, however, the Supreme Court reversed, concluding that, “as a matter of law, an award of punitive damages against MARTA would violate public policy. . . .” Metropolitan Atlanta Rapid Transit Auth. v. Boswell, 261 Ga. 427 (405 SE2d 869) (1991). Accordingly, our original judgment is vacated, the judgment of the Supreme Court is made the judgment of this court and the judgment of the trial court is hereby affirmed.

Judgment affirmed.

Sognier, C. J., and McMurray, P. J., concur.

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410 S.E.2d 829, 201 Ga. App. 177, 1991 Ga. App. LEXIS 1254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boswell-v-metropolitan-atlanta-rapid-transit-authority-gactapp-1991.

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