Williams v. City of Atlanta
2017 WL 3274969
Ga. Ct. App.2017Background
- On Oct. 29, 2011, Darryl Williams alleged he fell through a missing water meter cover and was injured; police report referenced a fall at 425 Chappell Rd near Chappell & Mayson Turner.
- Williams served timely ante-litem notice to the City of Atlanta stating the incident occurred at or near 239 Chappell Rd (the Ante-Litem Address), which did not include the intersection.
- In litigation Williams repeatedly identified 425 Chappell Rd (the Litigation Address); the parties agree the actual location was 380 Chappell Rd (the Actual Address) near the intersection.
- The City investigated 239 Chappell Rd and found no water meter there; undisputed evidence showed many meters between the Ante-Litem Address and the Actual/Litigation Addresses (20–30 meters; distances .3–.6 miles; opposite sides of the street).
- The City moved for summary judgment, arguing the ante-litem notice was deficient under OCGA § 36-33-5 for providing the wrong address; the trial court granted summary judgment and this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Williams's ante-litem notice "substantially complied" with OCGA § 36-33-5 when it gave an incorrect nearby address | Williams: notice substantially complied because the Ante-Litem Address was geographically close to the Actual Address, so the City had sufficient info to investigate | City: notice was inadequate because it identified an address with no water meter and deprived the City of the ability to investigate and adjust the claim pre-litigation | Court: notice did not substantially comply; summary judgment for City affirmed |
Key Cases Cited
- White v. Ga. Power Co., 265 Ga. App. 664 (discussion of summary judgment standard)
- City of Atlanta v. Benator, 310 Ga. App. 597 (statute in derogation of common law; strict construction)
- Atlanta Taxicab Co. Owners Assn. v. City of Atlanta, 281 Ga. 342 (ante-litem notice purpose: permit municipal investigation and adjustment)
- Simmons v. Mayor & Alderman of City of Savannah, 303 Ga. App. 452 (ante-litem notice insufficient when it contained wrong address despite oral notice)
- City of Fairburn v. Clanton, 102 Ga. App. 556 (distinguishable: minor inaccuracy did not impede city's ability to investigate)