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

The Court of Appeals erred in ruling that the plaintiff's ante litem notice, which stated that the amount of her loss was yet to be determined because she was still incurring medical bills and did not yet know the full extent of her injury, was sufficient to satisfy the requirements of the Georgia Tort Claims Act.

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We granted certiorari in this case to determine whether the Court of Appeals correctly interpreted the ante litem notice requirements of the Georgia Tort Claims Act “GTCA”, OCGA § 5-21-20 et seq. For the reasons set forth below, we hold that the claimant’s ante litem notice in this case did not strictly comply with the notice requirements of the GTCA because it failed to state the amount of the loss claimed to the extent of the claimant’s knowledge and belief as was practicable under the circumstances. Accordingly, we reverse.

On June 28, 2010, Appellee Kimberly Myers was injured when she stepped in an unrepaired pothole in a parking lot on the campus of Dalton State College, an institution within the University System of Georgia. Myers received medical emergency treatment that day, received follow-up orthopedic care, and started physical therapy, which ran from approximately September through December 2010. Thereafter, she continued to seek medical treatment because she had not yet completely recovered from her injuries.

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