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Harris-Jackson v. City of Cochran

The plaintiff failed to substantially comply with O.C.G.A. § 36-33-5's ante litem notice requirement in filing her suit for injuries she allegedly sustained after her car struck a negligently maintained manhole cover in the city of Cochran.

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Frankie Mae Harris-Jackson sued the City of Cochran, alleging she was injured when her car struck a negligently maintained manhole cover. The City moved for summary judgment on the grounds that Harris-Jackson failed to provide ante litem notice as required by OCGA § 36-33-5. The trial court granted summary judgment to the City, and Harris-Jackson appeals. Finding no error, we affirm. A trial court properly grants summary judgment when there exists no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.1 In reviewing a trial court’s grant of summary judgment, we apply a de novo standard of review, and we view the evidence and all reasonable inferences therefrom in a light most favorable to the nonmoving party.2

Viewed in this manner, the record shows that Harris-Jackson filed a complaint, alleging that, on August 17, 2004, she injured herself when “the left front wheel of her vehicle dropped into a manhole, causing extensive damage to the vehicle.” Harris-Jackson sought, inter alia, payment of $26,504.00 in medical expenses and $4,500.00 in lost wages. The city then moved for summary judgment, arguing that Harris-Jackson had not complied with OCGA § 36-33-5, which requires a person suing a municipal corporation for injury to person or property to provide written notice of the claim within six months of the event leading to the claim.3

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