Why Special Rules Apply When You File a Car Accident Lawsuit Against the City of Atlanta
Many personal injury cases in Georgia involve government employees or public entities. For example, you may get into a car accident with a city-owned truck. Or you may sustain serious injuries in a slip and fall accident that occurs in a public park. Just as with any private party or landowner, you can file a personal injury lawsuit to seek compensation for losses associated with such accidents. There is, however, a catch.
Georgia Judges Dismiss Case for Failing to Notify Mayor Directly
Basically, when you sue the State of Georgia or any of its subdivisions, such as the City of Atlanta, you must strictly comply with the terms of the Georgia Tort Claims Act (GTCA). The GTCA waives the normal “sovereign immunity” government agencies have from civil lawsuits. This waiver is conditioned, however, on a personal injury plaintiff following certain procedures prior to filing their lawsuit.
A recent decision from the Georgia Court of Appeals, Okeke v. City of Atlanta, illustrates just how strict these rules are. This personal injury case involved a 2020 collision between a car and a City of Atlanta firetruck. The driver hit by the firetruck sustained injuries in the accident.
Under the GTCA, before a car accident victim may file a personal injury lawsuit against a municipality, they must first provide advanced written notice to the “governing authority” of the municipality detailing their claim. This has to be done within six months of the accident, otherwise a Georgia court has no authority to hear any subsequent lawsuit.
In this case, the plaintiff sent two notices within the six-month period addressed to the “City of Atlanta Mayor’s Office.” The first notice identified the recipient as Joshua Williams, then the city’s chief operating officer, while the second identified one of the city’s attorneys. Neither notice specifically named then-Atlanta Mayor Keisha Lance Bottoms as the recipient.
This proved to be a fatal mistake. The plaintiff did subsequently file a personal injury lawsuit against the City of Atlanta. But a Superior Court judge dismissed the case for failure to comply with the GTCA’s notice requirement. The Court of Appeals upheld that decision. The appellate court explained that under a recent decision from the Supreme Court of Georgia, which also involved a personal injury claim against the City of Atlanta, the GTCA required notice must be “addressed, by name, to the individual who held the office of mayor or chairperson of the city council.” Since the plaintiff here failed to do so, his lawsuit could not proceed as a matter of law.
Contact an Atlanta Auto Accident Lawyer Today
Seeking compensation following any car accident requires a detailed understanding of a number of laws and court procedures. It is not simply a matter of presenting evidence that the other driver caused your injuries. For this reason, you should always work with an experienced Atlanta auto accident lawyer who can advise and guide you through the process.
Contact Morain & Buckelew, LLC, today at (404) 448-3146 to schedule a free consultation.
Source:
scholar.google.com/scholar_case?case=9106486527741032871