State v. Haynes

Pursuant to our grant of an interlocutory appeal, the State of Georgia appeals from the trial court’s partial denial of its motion to dismiss the complaint of Julius Haynes for failing to comply with the ante litem notice provisions of the Georgia Tort Claims Act, OCGA § 50-21-26 a. Haynes claimed to have been injured on July 2, 2002, at the Georgia Department of Motor Vehicle Safety Office in Augusta, Georgia. Pursuant to Haynes’ request, Pamela Fowler, the Secretary of the Claims Advisory Board CAB in Atlanta, by letter of July 19, 2002, sent a form titled “Official Notice of Claim Against the State of Georgia,” along with a copy of the Claims Advisory Board’s Rules and Regulations. The form states that it is only for claims of $5,000 or less. By letter of January 17, 2003, Fowler of CAB sent Haynes a letter acknowledging receipt of his Official Notice of Claim Against the State and requesting further information. On May 19, 2003, Fowler of CAB advised Haynes’ attorney by letter that the supporting evidence for his claim had been submitted to the CAB.

Cathy Cox, Secretary of State and Chairperson of the CAB, notified Haynes by letter of June 30, 2004, that his claim against the Department of Motor Vehicle Safety had been rejected.