Board of Regents of the University System of Georgia v. Myers
Annotate this CaseAt issue in this case was an “ante litem notice.” Kimberly Myers arrived for class at Dalton State College and allegedly stepped on the edge of an unrepaired pothole in the parking lot and was injured. She received emergency medical treatment that day, had follow-up orthopedic doctor visits, and began physical therapy. Myers sent an ante litem notice to the Georgia Department of Administrative Services, stating she intended to sue the Board of Regents for negligence based on the allegedly unsafe condition of the parking lot that led to her fractured left ankle and torn tendons. Under a provision of the Georgia Tort Claims Act, the State government may not be sued in a civil action without first being given notice of the claim. In her ante litem notice, Myers’ attorney provided details of what had happened to her and stated: “The amount of Ms. Myers’ loss is yet to be determined as she is still incurring medical bills and does not yet know the full extent of her injury.” The question in this case centered on whether the language in the ante litem notice was a sufficient statement of the amount of loss claimed. The Supreme Court concluded the trial court correctly recognized Myers "failed entirely to comply with a requirement despite having knowledge.”
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