| AGENDA ITEM SUMMARY
Consider denial of a purported ante litem notice of claim, pursuant to OCGA 36-33-5, from Kenneth S. Nugent, P.C. on behalf of Tavia Mathis, dated August 24, 2015. Demand is made for $100,000 for personal injuries alleged to have been caused in motor vehicle collision with a Police car operated by Officer Rich, at intersection of E. Chappell Street and N. 4th Street, on May 29, 2015. City Attorney Drew Whalen will address.
| SPECIAL CONSIDERATIONS OR CONCERNS: |
See Georgia Uniform Motor Vehicle Accident Report attached.
Denial is recommended. Claim has been turned in to GIRMA for investigation, adjustment or defense. Denial of the ante litem notice will cease the tolling of the Statute of Limitations and allow Plaintiff to proceed with filing a lawsuit, if necessary.
The City participates as a member of the Georgia Interlocal Risk Management Agency (GIRMA), which provide comprehensive liability coverage of $1.0m per occurrence, subject to a $25,000 per occurrence retention. GIRMA provides a defense and satisfies any resulting legal liability up to the coverage amount. City's retention is budgeted. | | | |