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

The plaintiff's ante litem notice claiming that the amount of her loss was still to be determined as the full extent of her injury was not yet known satisfied O.C.G.A. § 51-21-26 subsection a 5 E's requirement that she state the amount of her loss claimed.

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Kimberly A. Myers appeals the dismissal of her tort claim against the Board of Regents of the University System of Georgia “the Board”, contending that the trial court erred by ruling that her ante litem notice failed to meet the requirement in OCGA § 50-21-26 a 5 E that she state the amount of her loss claimed. Because her notice stated the amount of loss she claimed to the best of her knowledge as was practicable under the circumstances, we reverse.

“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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