Survivors and estate of decedent killed by errant gunfire filed a complaint against emergency response organizations and cities, asserting claims for negligence and wrongful death related to the timeliness of defendants’ response to a 911 call.
The State Court granted defendants’ motion to dismiss. Plaintiffs appealed.
The Court of Appeals held that:
- Plaintiffs’ ante litem notice seeking “an amount not less than $1 million” did not substantially comply with Georgia’s ante litem notice requirements;
- Plaintiffs lacked standing to challenge the constitutionality of statute setting out requirements for ante litem notices to municipalities; and
- Plaintiffs’ failure-to-render-aid claim did not fall within the intentional tort exception to statutory requirements for ante litem notices to municipalities.