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In the Interest of the Estate of Joe Leonard Jr.

The plaintiff failed to comply with statutory requirements for presentment of his ante litem notice, and the trial court therefore properly granted summary judgment to the county in the plaintiff's negligence action arising after he was injured while riding a county-operated bus.

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In this negligence action, Joe Leonard, Jr. sued Melvin Cecil Cooper and Whitfield County, Georgia the County to recover for the injuries he sustained while being transported in a bus driven by Cooper and operated by the County. During the course of the litigation, Leonard passed away and Janice L. Croy, Leonard’s daughter and the executor of his estate, was substituted as party plaintiff. Leonard and the Estate are collectively referred to herein as Leonard. The trial court granted summary judgment in favor of the County based upon Leonard’s failure to provide timely ante litem notice in accordance with OCGA § 36-11-1.1 In his appeal, Leonard argued that the trial court erred in granting summary judgment for two reasons: because he substantially complied with the statutory requirement regarding the time for presentation of claims and, alternatively, because the time period for the requisite notice was tolled by Leonard’s incapacity. Neither argument has merit. Accordingly, we affirm the trial court’s ruling that the County was entitled to summary judgment because the ante litem notice was untimely.

1. Facts and procedural posture.

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