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Driscoll v. Board of Regents of the Univ. Sys. of Ga.

The trial court properly dismissed the plaintiff's tort claims against the Board of Regents because his ante litem notice failed to make any statement whatsoever regarding the amount of loss claimed, as is statutorily required.

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John Driscoll, individually and as administrator of the estate of Deborah Driscoll, appeals the dismissal of his tort claims against the Board of Regents of the University System of Georgia “the Board”, contending that the trial court erred by ruling that his ante litem notice failed to state the amount of loss claimed as required by the Georgia Tort Claim Act “GTCA” at OCGA § 50-21-26 a 5 E. For the reasons that follow, we affirm.

“We review de novo a trial court’s ruling on a motion to dismiss based on sovereign immunity grounds, which is a matter of law. Factual findings are sustained if there is evidence supporting them, and the burden of proof is on the party seeking the waiver of immunity.”1

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