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The Tort Claims Act was passed in the 1992 Session of the General Assembly. The Act provides a remedy for certain claims accruing after July 1, 1992. O.C.G.A. § 50-21-27(c). Additionally, the entire Act — including the caps it imposes on damages — was made retroactive to cover accrued claims that occurred anytime after January 1, 1991. O.C.G.A. § 50-21-27(a). The Tort Claims Act purports to abrogate the right of injured victims to bring actions against responsible state employees for their negligence or their violation of ministerial duties. The Act also limited a plaintiff’s right to an action against the State Department by whom the negligent state employee is employed, and to the extent that an action is provided for under the provisions of the Act. Under the law which existed prior to the passage of the 1991 constitutional amendment and the Tort Claims Act, a plaintiff could sue both the negligent state employees and the department by whom they were employed.

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