Atlanta Injury Lawyer Blog

Articles Posted in notice

Published on:

photo_2780_20070814The decision that is the subject of today’s entry, Board of Regents of University System of Georgia v. Myers, was actually discussed in an earlier post. Following our discussion of the Court of Appeals decision, the case was appealed to the Supreme Court of Georgia, which granted the petition for certiorari. Given that the Supreme Court of Georgia has reversed the decision of the Court of Appeals, we think it is appropriate to take another look at this case. Myers addresses how sufficiently a litigant must specify the amount of loss suffered in his or her ex-ante notice of claim to comply with the requirements of O.C.G.A. § 50-21-26 (a)(2).

Prior to passage of the Georgia Tort Claims Act (“GTCA”), tort suits against the state were barred by the doctrine of sovereign immunity. Although the GTCA waived the state’s sovereign immunity to such suits, the state still placed a variety of limitations on the right to sue, including a requirement that the party provide the state with sufficient ex-ante notice of his or her claim prior to bringing legal action. In the current case, the plaintiff was injured on June 28, 2010 after stepping into an unrepaired pothole on the campus of Dalton State College, an institution within the University System of Georgia. The plaintiff received emergency medical treatment the day of her injury and follow-up physical therapy for four months after the incident. She continued to receive medical treatment thereafter because she had not fully recovered from her injury.

Continue reading →