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