City Of Albanyv.Ga Hy Imports, Llc D/B/A Autonation Hyundai-Albany
A flood damaged about twenty-five vehicles at an Albany automobile dealership. The dealership sent city officials letters describing the damage and saying it was investigating a possible claim based on inadequate drainage. It later sued the City of Albany for nuisance, trespass, negligence, and related relief. The city argued that the letters did not satisfy Georgia’s ante litem notice statute because they did not actually present a claim, specify damages, or reach the required officials. The trial court found substantial compliance and denied judgment on the pleadings. The Court of Appeals reversed. The notice did not comply with the statute’s requirement for a specific monetary claim and proper service, and the city’s investigation and later denial did not waive those statutory requirements. Because compliance with the ante litem statute was required before suit against the city, the defective notice barred the action and the city was entitled to judgment on the pleadings.
Loading published copy…

