Shackelford v. Dep’t of Pub. Safety, 371 Ga. App. 117, 898 S.E.2d 883 (2024)
In the context of reviewing a ruling on the law enforcement exception to the sovereign immunity waiver in the GTCA, “[w]e are not authorized to substitute our ruling on the disputed facts for that of the trial court.”10 DPS policy afforded Prosser discretion in how and whether to conduct the pursuit. There was evidence that Prosser weighed these factors, and the evidence supports the trial court’s findings as to the reasonableness of Prosser’s conduct. The disputed evidence to the contrary includes evidence that permitted the trial court to make the factual findings he made…. Based on the trial court’s factual findings, which are supported by evidence from the record, we conclude that the trial court correctly found that [the DPS] *123 did not waive sovereign immunity. Accordingly, the trial court did not err in dismissing the action for lack of subject matter jurisdiction.11
Judgement Affirmed
