Perkins v. Dept. of Med. Assistance

In Perkins v. Dept. of Med. Assistance. 252 Ga. App. 35 (555 SE2d 500) (2001), two companies that provided transportation services to certain indigent medical patients under contract with the Department of Medical Assistance (DMA) brought suit against the DMA over the method used by the DMA to calculate amounts owed for such transportation. One of the companies, Executive, had not previously sued the DMA or used the administrative appeal process. The other company, Royal Lion, had previously brought suit to adjudicate DMA's methodology and received an award of damages. DMA answered the new suit and moved for either summary judgment or dismissal. The Court held that the trial court should have dismissed Executive's suit without prejudice due to its failure to exhaust administrative remedies. 252 Ga. App. at 36-37 (1). The Court further held that the trial court properly granted summary judgment to Royal Lion because, as to it, the DMA had asserted a meritorious res judicata defense. Id. at 36, 38 (2).