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City of Alpharettav.Francis

CourtCourt of Appeals of Georgia
Docket No.A22A1533
DecidedJanuary 19, 2023
Reporter366 Ga. App. 454; 883 S.E.2d 400; 2023 Ga. App. LEXIS 24; 2023 WL 311338
JudgesMcFadden, P. J., Gobeil and Land, JJ. Land, J., authored the opinion; Gobeil, J., concurred; McFadden, P. J., concurred fully and specially.
Tags
CivilMunicipal LiabilityAnte Litem NoticeFlooding DamageInverse CondemnationMotion to DismissOCGA 36-33-5
Case Summary

Storm water flooded Deanna Francis’s home in October 2020, allegedly from a City of Alpharetta culvert and Fulton County sewer lines; the family’s notice to the City demanded property damages “between $350,000 and $500,000” and medical damages between $75,000 and insurance limits, promising a later formal demand that was never sent. The family sued on negligence-based and other theories, including inverse condemnation, and the trial court denied the City’s motion to dismiss. The Court of Appeals held that OCGA § 36-33-5 (e) requires a specific settlement amount the City could accept; a damages range, open-ended amount to be proved at trial, or unspecified medical amount does not satisfy the statute. It reversed the denial of dismissal on all claims except inverse condemnation and remanded for the trial court to decide whether the municipal notice statute applies to that claim, an issue not decided below. Judge McFadden’s special concurrence agreed with the result but observed that requiring an early specific offer may encourage claimants to overstate damages, undermining the statute’s purpose of helping municipalities assess claims and avoid litigation.

Opinion

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