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Gay v. Georgia Dept. of Corrections

Plaintiff's failure to comply with the ante litem notice requirement under O.C.G.A. § 50-21-21 was fatal to his injury claim against the Stone Mountain Memorial Association.

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Ralph Gay appeals the trial court’s order granting summary judgment to the Stone Mountain Memorial Association “Association” and partial summary judgment to the Georgia Department of Corrections “DOC”, and denying his motion for partial summary judgment. We affirm for the reasons set forth below. Ralph Gay filed a negligence claim against the DOC seeking damages for physical injuries incurred while he was an inmate at the Rockdale-Dekalb PDC. According to the complaint, Gay was on a required work detail when a DOC employee directed him to cut a limb from a tree. Gay climbed an unsecured ladder to perform the task and subsequently fell 25 feet to the ground, injuring his neck, back, arm, and leg.

In an amendment to his complaint, Gay added the Association as a defendant and asserted negligence and breach of contract claims against DOC and the Association. Gay claimed his work detail was governed by a contract between the DOC and the Association the “Contract”; that the Contract required the Association to provide a safe workplace for the inmates; and that he was a third-party beneficiary under the Contract.

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