Department of Public Safety v. Ragsdale
308 Ga. 210
Ga.2020Background:
- On October 31, 2014 Matthew Ragsdale was injured in a crash caused when another driver fled from police.
- Ragsdale sent an ante litem notice to DOAS on December 3, 2014 that omitted required information, then filed suit and voluntarily dismissed it due to the deficiency.
- In March 2017 Ragsdale sent a corrected ante litem notice and renewed the action; DPS moved to dismiss as untimely under OCGA § 50-21-26(a)(1).
- Ragsdale argued the ante litem period was tolled under OCGA § 9-3-99 because he was a crime victim; the trial court denied DPS’s motion and the Court of Appeals affirmed.
- The Georgia Supreme Court granted certiorari to decide whether the Tort Claims Act’s 12‑month ante litem notice requirement is subject to tolling under OCGA § 9-3-99.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 12‑month ante litem notice period in OCGA § 50‑21‑26(a)(1) is tolled by OCGA § 9‑3‑99 (tolling for crime victims) | Ragsdale: tolling statute suspends time to file ante litem notice because claim arose from a crime victim’s tort | DPS: ante litem notice is a condition precedent, not a statute of limitations; general tolling provisions do not apply | The Supreme Court held the ante litem notice period is not a statute of limitation and is not tolled by OCGA § 9‑3‑99; Court of Appeals was reversed; related Court of Appeals decisions to the extent inconsistent were overruled |
Key Cases Cited
- City of Chamblee v. Maxwell, 264 Ga. 635 (1994) (ante litem notice against municipalities is a condition precedent, not a statute of limitation)
- City of Atlanta v. Barrett, 102 Ga. App. 469 (1960) (Court of Appeals treated municipal six‑month ante litem as a statute of limitation subject to tolling)
- Howard v. State, 226 Ga. App. 543 (1997) (applied Barrett to Tort Claims Act ante litem; treated it as a limitation—decision overruled to extent inconsistent)
- Foster v. Ga. Regional Transp. Auth., 297 Ga. 714 (2015) (statutory tolling provisions apply to Tort Claims Act limitations where the Act so provides)
- Henderson v. Dept. of Transp., 267 Ga. 90 (1996) (plaintiff may not sue the state under Tort Claims Act without timely ante litem notice)
- Williams v. Ga. Dept. of Human Resources, 272 Ga. 624 (2000) (purpose of ante litem notice is to give the State notice to facilitate settlement)
- Bd. of Regents of the Univ. System of Ga. v. Myers, 295 Ga. 843 (2014) (failure to satisfy ante litem requirements deprives courts of jurisdiction)
- Young v. Williams, 274 Ga. 845 (2002) (describing nature and purpose of statutes of limitation)