Coweta County v. Cooper
318 Ga. App. 41
Ga. Ct. App.2012Background
- Errica Cooper and her minor child sued Coweta County and officer Clifton for rear-end collision injuries arising from the county vehicle crash on Feb. 5, 2009.
- Cooper and child filed suit on Jan. 13, 2011, after the 12-month ante litem notice period required by OCGA § 36-11-1 had expired.
- The County asserted a failure to comply with OCGA § 36-11-1 as a bar to the claims due to not presenting notice within 12 months.
- Cooper sent a March 4, 2009 certified letter to the County Attorney at 10 Brown Street (Coweta County Attorney; attention to Jerry Ann Conner) describing the accident and presenting claims.
- The letter was received by someone at 10 Brown Street, which is the address of Glover & Davis, P.A., a private law firm that serves as outside counsel to the County.
- Glover & Davis did not have authority to accept OCGA § 36-11-1 notices unless expressly authorized by the county administrator; no evidence of such authorization.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether notice to a private firm satisfies OCGA § 36-11-1 | Cooper's notice to the firm complied with 36-11-1. | Only in-house county attorneys or authorized county officials can receive notices. | Not substantial compliance; notice to private outside counsel cannot satisfy 36-11-1. |
| Whether the minor child's claim was timely due to tolling for disability | Minor’s tolling extended notice period to when majority attained. | Tolling for minority requires explicit expiration date; record incomplete. | Child’s claim tolling applied; no error in denying summary judgment on the child’s claim. |
| Whether personal liability claim against Clifton was barred | OCGA § 36-11-1 bars only county claims; Clinton may be personally liable. | All claims barred against County; personal liability not within the statute’s scope. | Personal-liability claim against Clinton not barred by 36-11-1; County’s motion upheld for County claims. |
| Whether the suit against the County was timely against the County or its agents | Cooper substantially complied via notice within 12 months through the County’s agent. | Strict compliance required; no valid agent authorization proven. | No substantial compliance; claim against County barred; summary judgment reversed/partially granted accordingly. |
Key Cases Cited
- Burton v. DeKalb County, 202 Ga. App. 676 (1992) (notice to county must be to in-house attorney or official)
- Pearson v. Newton County, 119 Ga. 863 (1904) (ante litem notice requirements apply to counties)
- Cobb v. Bd. of Commrs. &c., 151 Ga. App. 472 (1979) (notice requirements strict)
- Lau’s Corp. v. Haskins, 261 Ga. 491 (1991) (statutory notice protects county purse)
- Strickland v. Wilson, 205 Ga. App. 91 (1992) (claims against agents not necessarily barred as to personal liability)
- City of LaGrange v. USAA Ins. Co., 211 Ga. App. 19 (1993) (waiver by county employee not permitted)
- Barnum v. Martin, 135 Ga. App. 712 (1975) (minority tolling under OCGA § 9-3-90 (a) application)