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Georgia Reg'l Transp. Auth. v. Foster

The 2-year statute of limitation barred the plaintiff's personal injury action against the Georgia Regional Transportation Authority.

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Pursuant to a granted application for interlocutory appeal, the Georgia Regional Transportation Authority “GRTA” appeals from an order of the State Court of Fulton County denying GRTA’s motion for judgment on the pleadings, contending that the instant action is time-barred because it was filed outside the applicable limitation period. Because the trial court erred in denying GRTA’s motion for the reasons set forth below, we reverse.

The facts relevant to this appeal are undisputed.1 Plaintiff Dana Foster’s tort claim arises from an incident that occurred on August 16, 2011, when she was a passenger on a GRTA bus. Foster alleges that the driver accelerated suddenly and unexpectedly, causing her to fall and suffer injuries. On February 10, 2012, Foster sent notice of her claim to GRTA and the Risk Management Division of the Georgia Department of Administrative Services. There is no evidence that the State responded to the ante litem notice. On September 18, 2013, more than two years after the incident giving rise to her claim, Foster filed the instant personal injury suit against GRTA.

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