Georgia Department of Transportation v. Griggs
322 Ga. App. 519
Ga. Ct. App.2013Background
- Griggs sued GDOT after falling through plywood covering a manhole on the shoulder of I-285 between Riverside Dr and Roswell Rd.
- The grate had been removed by thieves; a plywood board covered the hole with no warning cones present.
- Griggs called GDOT the day of the fall, describing the area as I-285 eastbound about three-quarters of a mile past Riverside Dr.
- GDOT safety officer Welmaker inspected; thefts and temporary covers with cones were identified; broader inspection showed other drains without grates across Roswell Rd.
- Griggs filed ante litem notice on March 9, 2010 describing the location as the emergency lane of Interstate 285 northbound between Riverside Dr and Roswell Rd; GDOT offered a settlement after receiving the notice.
- GDOT later moved to dismiss, arguing lack of compliance with GTCA ante litem notice and that the case was for professional negligence; trial court denied the motion and the appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the ante litem notice complied with OCGA § 50-21-26(a)(5). | Griggs argues notice was adequate given imperfect information. | GDOT contends notice failed to identify the exact location as required. | No error; substantial compliance suffices under Canas and related authority. |
| Whether the case was properly dismissed for lack of subject matter jurisdiction due to defective notice. | Griggs notes the State investigated and engaged in settlement negotiations. | GDOT claims notice was defective and warrants dismissal. | The trial court did not err; notice met statutory standards under controlling cases. |
Key Cases Cited
- Williams v. Ga. Dept. of Human Resources, 272 Ga. 624 (Ga. 2000) (strict compliance required; GTCA waiver is limited)
- Sylvester v. Dept. of Transp., 252 Ga. App. 31 (Ga. App. 2001) (GTCA not subject to judicial modification; strict compliance principle)
- Perdue v. Athens Technical College, 283 Ga. App. 404 (Ga. App. 2007) (notice with missing dollar amounts may be deficient)
- Welch v. Ga. Dept. of Transp., 276 Ga. App. 664 (Ga. App. 2005) (untimely notice deficient despite actual notice to State)
- Williams v. Georgia Dept. of Transp., 275 Ga. App. 88 (Ga. App. 2005) (untimely notice may defeat claim; pattern of case guidance)
- Cummings v. Ga. Dept. of Juvenile Justice, 282 Ga. 822 (Ga. 2007) (imperfect information allowed; Canas cited favorably)
- Bd. of Regents of the Univ. System of Ga. v. Canas, 295 Ga. App. 505 (Ga. App. 2009) (ante litem notice may reflect imperfect information at submission)