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Myers v. Board of Regents of University System
324 Ga. App. 685
Ga. Ct. App.
2013
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Background

  • Myers was injured June 28, 2010, on an unrepaired pothole at Dalton State College.
  • She filed ante litem notice to DOAS on October 11, 2010, asserting negligence by the Board.
  • The notice described the injury and stated that the amount of loss was yet to be determined.
  • DOAS requested medical bills, reports, and wage loss, which Myers did not promptly provide.
  • A 2012 settlement demand was made; DOAS offered $10,128.24 based on medical expenses.
  • The Board moved to dismiss for lack of proper ante litem notice; the trial court granted dismissal.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the amount of loss must be stated in ante litem notice Myers argues the notice need only state loss to extent of knowledge and practicable. Board contends strict/substantial compliance with E requires a stated amount. Notice sufficient to include loss to extent of knowledge; not required full amount.

Key Cases Cited

  • Cummings v. Ga. Dept. of Juvenile Justice, 282 Ga. 822 (2007) (notice must state loss to extent of knowledge; allows imperfection)
  • Perdue v. Athens Technical College, 283 Ga. App. 404 (2007) (ante litem requires amount of loss to be stated; related to knowledge and practicability)
  • Bd. of Regents v. Canas, 295 Ga. App. 505 (2009) (notice adequate when claimant lists agency and timely information)
  • Norris v. Dept. of Transp., 268 Ga. 192 (1997) (notice adequate if mailed timely; timing can cure receipt issues)
  • Ga. Ports Auth. v. Harris, 274 Ga. 146 (2001) (delivery method of notice can be sufficient even without immediate receipt)
  • Williams v. Ga. Dept. of Human Resources, 272 Ga. 624 (2000) (illustrates the need to state loss to facilitate settlement)
  • Griggs v. Ga. Dept. of Transp., 322 Ga. App. 519 (2013) (notice sufficient when location and injury are identified to the best knowledge)
  • Savage v. E. R. Snell Contractor, 295 Ga. App. 319 (2008) (continuing nuisance with ongoing losses; notice sufficiency considerations)
Read the full case

Case Details

Case Name: Myers v. Board of Regents of University System
Court Name: Court of Appeals of Georgia
Date Published: Nov 13, 2013
Citation: 324 Ga. App. 685
Docket Number: A13A1597
Court Abbreviation: Ga. Ct. App.