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Georgia Department Of Transportationv.Shenita King

CourtCourt of Appeals of Georgia
Docket No.A16A2132
DecidedMarch 15, 2017
JudgesCourt of Appeals of Georgia
Tags
CivilGovernment LawTort LawStatutory InterpretationReversalDissentEn Banc
Case Summary

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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Georgia Department Of Transportation V. Shenita King — The Atlanta Gleaner