| AGENDA ITEM SUMMARY
Consider acknowledgment and denial of claim based upon purported ante litem notice, pursuant to O.C.G.A. Sec. 36--33-5, dated October 15, 2014, given by Foy & Associates, attorneys, on behalf of Davalee Hinson, arising from motor vehicle collision on the MLK Jr. Bypass (US 41/19/Ga 3) on April 15, 2014 with vehicle operated by Crystal Renee Cox. City Attorney Andrew J. Whalen, III will address. Approved
| SPECIAL CONSIDERATIONS OR CONCERNS: |
This motor vehicle accident was investigated by the Griffin Police Department. According to Georgia Uniform Motor Vehicle Accident Report, this collision occured on April 15, 2014 at approximately 7:21 a.m. At the time, the traffic light was malfunctioned and blinking red for vehicles approaching the Bypass on Airport Road and Kalamazoo Drive; blinking orange for vehicles on the Bypass. Ms. Hinson was southbound on the Bypass as she approached the intersection, Ms. Cox entered the intersection against the flashing red light, causing a collision. Both drivers were cited and transported for treatment.
The Notice alleges the City was negligent in its maintenance of the intersection and traffic control devices; however, maintenance of this intersection is the exclusive responsibility of GDOT.
Staff recommends denial of the claim as the City has no responsibility for maintenance of the intersection in issue. Staff requests a motion to acknowledge receipt of the claim and denial of liability to claimant's attorney.
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