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Silva v. Georgia Dep't of Transp.

The trial court did not err in dismissing the plaintiff's personal injury suit against the Georgia Department of Transportation arising out of an automobile accident, because the plaintiff failed to comply with the ante litem notice provision of the Georgia Tort Claims Act, as she failed to provide notice of the amount of the loss she claimed.

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Janette Atkinson Silva was injured in a motor vehicle collision with a driver employed by the Georgia Department of Transportation. She filed suit, but the trial court dismissed her complaint for failure to comply with the ante litem notice provisions of the Georgia Tort Claims Act, OCGA § 50-21-20 et seq., in that Silva did not specify the amount of the loss she claimed. On appeal, Silva argues that the trial court erred by retroactively applying Board of Regents of the University System of Georgia v. Myers, 295 Ga. 843 764 SE2d 543 2014, but the real question is whether the trial court correctly applied the ante litem notice provision, and it did. Silva argues that the state was estopped from claiming her ante litem notice was defective, but the state may not waive such defects. Finally, Silva argues that she effectively amended her ante litem notice, but her amendment was not effective because it was not timely. We therefore affirm the trial court.

1. Procedural posture.

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