Georgia Regional Transportation Authority v. Foster
329 Ga. App. 258
Ga. Ct. App.2014Background
- On August 16, 2011, Dana Foster was injured as a passenger on a GRTA bus after an alleged sudden acceleration by the driver.
- Foster served ante litem notice to GRTA and the State Risk Management Division on February 10, 2012; there is no evidence the State responded.
- Foster filed a personal-injury suit against GRTA on September 18, 2013, more than two years after the incident.
- GRTA moved for judgment on the pleadings arguing the suit was barred by the two-year statute of limitations for GTCA claims (OCGA § 50-21-27(c)).
- Foster conceded the complaint was filed after two years but argued the municipal tolling provision (OCGA § 36-33-5(d)) tolled the limitations period until the State responded to her notice, relying on OCGA § 50-21-27(e) to import tolling provisions into the GTCA.
- The trial court denied GRTA’s motion; GRTA appealed interlocutorily. The Court of Appeals reversed, finding the municipal tolling provision cannot be harmonized with the GTCA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OCGA § 36-33-5(d) (municipal tolling for ante litem notice) applies to GTCA claims via OCGA § 50-21-27(e) | Foster: § 50-21-27(e) imports tolling provisions generally, so § 36-33-5(d) tolls limitations while State’s response is pending | GRTA: § 36-33-5(d) applies only to municipal entities; GTCA has different notice/response rules and imposes a two-year filing limit that is not tolled by a State nonresponse | The municipal tolling provision cannot be harmonized with the GTCA and does not apply; Foster’s suit is time-barred |
Key Cases Cited
- Echols v. Thomas, 265 Ga. 474 (1995) (statutory language must be construed to effect legislative purpose)
- Walker Cnty. v. Tri-State Crematory, 292 Ga. App. 411 (2008) (read statutory parts together to achieve harmony)
- Cellular One v. Emanuel Cnty., 227 Ga. App. 197 (1997) (courts reluctant to read remedies into statutes that provide specific ones)
- Howard v. State of Ga., 226 Ga. App. 543 (1997) (GTCA must be strictly construed)
- City of Rome v. Rigdon, 192 Ga. 742 (1941) (municipal ante litem procedures and prompt settlement policy)