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DeFloria v. Walker

The trial court erred in denying the Department of Corrections' motion to dismiss the plaintiff's injury suit because the plaintiff failed to strictly comply with the ante-litem-notice provisions of OCGA § 50-21-26.

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Lawrence Z. DeFloria and the Department of Corrections appeal the trial court’s denial of a motion to dismiss Rufus Walker’s claim for damages related to a traffic accident, contending that because Walker failed to comply with ante-litem-notice requirements, his claims are barred by sovereign immunity. For the reasons set forth infra, we vacate the trial court’s order denying the motion and remand with direction.

Walker’s complaint alleges that on September 29, 2009, while riding his motorcycle in Toombs County, he was struck by a Department of Corrections vehicle driven by DeFloria, resulting in severe injuries. Walker sought to recover damages, including $152,874.49 for medical bills, property damage, and expenses incurred as a result of the accident. In the complaint, Walker asserted that an October 15, 2009 letter sent to Greg Shuford of the Department of Administrative Services served as a notice of claim pursuant to OCGA § 50-21-26, and that Shuford had thereafter exchanged correspondence regarding Walker’s accident until June 2011, when Walker made an offer to settle the claim. Walker’s offer was denied the following month, and he filed the complaint on September 29, 2011. Walker attached to his complaint copies of the October 15, 2009 letter and the correspondence that followed.

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