WARNELL Et Al. v. UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY, 328 Ga. App. 903

On Feb. 28, 2011, William Warnell collided with a County patrol car at Lumpkin/Washington Streets; officer ran a red light.
County liability policy provided $1 million coverage for the patrol car.
Warnells filed suit on Jan. 15, 2013, more than 22 months after the accident, alleging injuries.
Warnells admitted they gave no formal written notice to the County within 12 months of accrual.
County moved for summary judgment under OCGA § 36-11-1; Warnells argued OCGA § 33-24-51 insurance waiver barred that defense.
Trial court granted summary judgment, holding 12-month notice requirement not negated by § 33-24-51; suit barred.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does 12-month notice bar the claim despite §33-24-51?	Warnell argues §33-24-51 bars the 12‑month defense.	County argues 12‑month notice governs, §33-24-51 does not repeal it.	Yes; suit barred after 12 months.
Does §33-24-51(b) limit defenses to those available to private persons?	Warnell asserts waiver limits defenses in liability suit.	County contends §33-24-51(b) concerns sovereign immunity defenses only.	No, it does not alter 12‑month notice requirement.
Is §9-3-33 (2-year limit) applicable in place of §36-11-1?	Warnell suggests a longer limitations period applies.	County argues §36-11-1 bars unless 12‑month notice complied.	Still barred under §36-11-1 for failure to present within 12 months.
Does §33-24-51(b) render some language superfluous?	Warnell claims redundancy in statute language.	County maintains no superfluity; §36-11-1 remains unaffected.	No superfluity; 12‑month rule remains controlling.

Coweta County v. Cooper, 318 Ga. App. 41 (Ga. App. 2012) (failure to present notice within 12 months bars claim)
Atlantic Coast Line R. Co. v. Mitchell County, 36 Ga. App. 47 (Ga. App. 1926) ( accrual and notice timing tied to county liability)
Holbrook v. Stansell, 254 Ga. App. 553 (Ga. App. 2002) (de novo review standard on summary judgment)