LIABILITY - GEORGIA

Hall v. City of Blakely

Court of Appeals of Georgia - September 14, 2021 - S.E.2d - 2021 WL 4165738

Motorist brought action against city, alleging that she suffered injuries resulting from city fire department pick-up truck hitting her vehicle.

City moved for judgment on the pleadings. The Superior Court granted motion. Motorist appealed.

The Court of Appeals held that ante litem notice filed by motorist did not provide specific amount of monetary damages sought from city.

Ante litem notice filed by motorist, who had allegedly incurred injuries resulting from city fire department pick-up truck hitting her vehicle, did not provide specific amount of monetary damages sought from city, and thus notice failed to either strictly or substantially comply with provision of statute governing demand prerequisite to suit for injury that required such specific amount and dismissal of claim brought by motorist against city was warranted; while notice indicated that motorist would make claims for injuries and damages and provided minimum and maximum monetary amount sought, and motorist argued that if city had agreed to pay amount within such range, it would have been able to enforce settlement, seeking unknown number was too indefinite to constitute binding offer of settlement.



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