Simmons v. Mayor and Alderman of the City of Savannah

The plaintiff's ante litem notice did not satisfy O.C.G.A. § 36-33-5, because she erroneously listed the wrong address for the accident location.

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Angela Simmons appeals the trial court’s grant of summary judgment to the Mayor and Alderman of the City of Savannah the “City” in Simmon’s personal injury action against the City. The sole issue on appeal concerns the sufficiency of Simmons’ ante litem notice as required under OCGA § 36-33-5 b. Viewed in favor of nonmovant Simmons,1 the record shows that on or about November 16, 2005, she sustained a fall outside her mother’s residence at 1108 East 31st Street in Savannah, Georgia. Two water meter boxes were installed in the right-of-way in front of the house in violation of a City policy requiring such boxes to “be level with the finished grade.” The ends of the meter boxes were not at the same elevation, and they were not level with the ground. Simmons contends that she tripped over these improperly installed meter boxes and that as a result she suffered serious injuries, including the fracture of her dental plate and an injury to her knee potentially requiring surgery.

Evidence in the record indicates that Simmons first orally notified the City of her injuries on November 28, 2005, and the City’s incident report lists the location of her fall as 31st and Waters Avenue. An investigator checked her claim and photographed the site, captioning the photographs “East 31t sic and Waters Ave.” Afterwards, the investigator issued a work order to lower the meter boxes at 1108 East 31st Street. City records reflect that on December 5, 2005, the meter boxes at 1108 East 31st Street were reset and lowered to the proper elevation pursuant to that work order.

Simmons v. Mayor and Alderman of the City of Savannah

The plaintiff's ante litem notice did not satisfy O.C.G.A. § 36-33-5, because she erroneously listed the wrong address for the accident location.

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