Georgia Department Of Transportationv.Shenita King
Shenita King sued the Georgia Department of Transportation after an injury allegedly caused by a state roadway condition. The Department moved to dismiss, arguing that King’s ante litem notice did not strictly comply with Georgia’s statutory requirements concerning the amount of loss. The trial court denied the motion. Sitting as a whole court, the Court of Appeals reversed. The majority held that the notice failed to satisfy the statute because it did not state the required amount of loss with the specificity demanded by the governing law. The court treated compliance with the ante litem requirement as a condition of pursuing the claim against the State and held that the defect required dismissal. A judge concurred fully and specially, while several judges dissented and would have found the notice sufficient or would have remanded for further proceedings.
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