Hall v. City of Blakely

Personal Injury Claimant Against City Failed to State Specific Amount of Monetary Damages Sought

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Mercier, Judge. Sandy Anne Hall filed a lawsuit claiming that her vehicle was hit by a City of Blakely Fire Department pick-up truck and she suffered injuries. The city filed a motion for judgment on the pleadings, arguing that Hall’s ante-litem notice failed to provide the “specific amount of monetary damages being sought” from the city, pursuant to OCGA § 36-33-5 (e).^{^[1]} The trial court granted the city’s motion, and Hall filed this appeal. “We review the grant of a motion to dismiss a complaint de novo.” Picklesimer v. City of Eatonton, 356 Ga. App. 504 (847 SE2d 863) (2020). In lawsuits against municipal corporations, “[t]he giving of the ante litem notice in the manner and within the time required by the statute is a condition precedent to the maintenance of a suit on the claim.” Manzanares v. City of Brookhaven, 352 Ga. App. 293, 299 (2) (834 SE2d 358) (2019) (citation, punctuation and emphasis omitted). The sole issue on appeal is whether Hall’s ante litem notice provided “the specific amount of monetary damages” she sought from the City of Blakely as required by OCGA § 36-33-5 (e). Hall’s ante litem notice stated: Our client will be making claims for the injuries and damages, including, but not limited to, all property damages claims, all general damages and all special damages including but not limited to all personal injury claims, medical bills, pain and suffering, loss of wages, if applicable, and reasonable attorneys fees proximately caused by the injuries sustained by Sandy this [sic] early stage post trauma for her doctor to give a prognosis but she is having ongoing pain and restrictions, has lost a couple of days from work, has incurred a reduction and other changes in her work routine and duties as well as her work schedule. So at this point we will be seeking a monetary amount of no less than $350,000.00 and no more than two million dollars.

Hall v. City of Blakely

Personal Injury Claimant Against City Failed to State Specific Amount of Monetary Damages Sought

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