Is It the Intent of the Legislature to Balance Strict Application of the Doctrine of Sovereign Immunity ?
In Norris v. Dept. of Transp., 268 Ga. 192 (486 S.E.2d 826) (1997), the Supreme Court noted that:
The stated intent of the Act is to balance strict application of the doctrine of sovereign immunity, which may produce "inherently unfair and inequitable results," against the need for limited "exposure of the state treasury to tort liability." O.C.G.A. 50-21-21 (a).
The legislature expressly declared as "the public policy of this state that the state shall only be liable in tort actions within the limitations of the Act and in accordance with the fair and uniform principles established" therein. O.C.G.A. 50-21-21 (a).
Norris also emphasized that:
The plain language of O.C.G.A. 50-21-26 (a) (2) provides two alternative methods of transmitting written notice -- mailing or personal delivery.
As the Code section specifies, notice "shall be mailed by certified mail, return receipt requested, or delivered personally to and a receipt obtained from the Risk Management Division of the Department of Administrative Services. . . .Id. at 192-193.