AGENDA ITEM SUMMARY

Acknowledge receipt of and consider denial of a claim for damages related to an an Ante Litem notice received for personal injuries to Mary Harrell, with a loss of consortium claim by Johnathan Harrell, arising from the alleged negligence of a Griffin Police Officer while escorting a funeral possession on May 2, 2014. City Attorney Drew Whalen will address.  Approved

O.C.G.A. Sec. 36-33-5 was amended, effective July 1, 2014, which changed the procedures for noticing municipal corporations of claims for money damages. Giving a proper notice is a condition precedent to filing a lawsuit. Part of this procedure now requires acknowledgment of the claim by the governing body and tolls the applicable statute of limitations while consideration is pending. The notice appears to have been properly served on Chairperson McLemore.The Ante Litem notice, pursuant to O.C.G.A. Sec. 36-33-5, is regarding personal injuries to Mary Harrell on May 2, 2014, with a loss of consortium claim by her husband Johnathan Harrell, arising from the alleged negligence of a Griffin Police officer while escorting a funeral procession. At the time of the incident, Officer Dawn Storm, in a marked GPD unit with blue lights flashing, was attempting to cross the N. Expressway at Laprade Road. She pulled into the path of a truck operated by Mr. Harrell in which Mrs. Harrell was a passenger.

The City files all liability claims with GIRMA for investigation and adjustment. At this time, while GIRMA investigates this matter, staff recommends the claim be denied and the City Attorney authorized to communicate the denial, in writing, to claimant's attorney. By acting now, the tolling of the Statute of Limitations is kept to a minimum.

GIRMA coverage provides the City with defense of legal claims and payment of any resulting legal liabilility, subject to the per claim deductible of $10,000.00.