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Georgia Dep't of Transp. v. Griggs

The plaintiff complied with the ante litem notice requirements of O.C.G.A. § 50-21-26 because she identified the portion of the interstate on which the accident occurred to the extent that she knew it.

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The Georgia Department of Transportation GDOT appeals from the trial court’s order denying its motion to dismiss Kymberly Griggs’s complaint. Griggs sued GDOT after she fell through a piece of plywood covering a manhole or storm drain on the shoulder of I-285. GDOT moved to dismiss, contending that Griggs’s ante litem notice failed to adequately identify the location of the accident. The trial court denied the motion and we affirm.

The record shows that Griggs stopped her car in the emergency lane of I-285 between Riverside Drive and Roswell Road to help a friend who had been in an automobile accident. As Griggs walked from her friend’s car back to her car, she went to the passenger’s side door because it was away from the traffic lanes. As she opened the door, she stepped back onto a plywood board that was covering a manhole. The plywood gave way and Griggs fell into the manhole, fracturing her elbow and knee, receiving cuts and bruises, and hurting her lower back. Apparently, the grate that was supposed to cover the manhole had been removed by thieves who had then placed a thin plywood board over the hole. There were no warning cones around the hole and trash from the roadway partially obscured the plywood cover.

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