AGENDA ITEM SUMMARY

Consider denying liability to Charlis Bohannon for injuries allegedly sustained on August 12, 2014 at approximately 7:30 a.m. when she fell in the City parking lot behind 134 N. Hill Street.  City Attorney Drew Whalen will present.

Ante litem notice, dated January 21, 2015, on behalf of Ms. Bohannon filed by her attorney, John A. Vincenzi, Marietta, GA. This matter has been referred to GIRMA for investigation and adjustment. Denial by the City's governing body will allow the statute of limitations, which is tolled pending a response, to restart. Claimant alleges she resides in Apt. A at 134 N. Hill Street and was walking to her car in the City lot behind the building when her heel caught in the cracked asphalt, causing her to fall, striking her head and injuring the right side of her body. She alleges medical expenses of $26,097.00, with expectation of future medicals. Demand is for $1,000,000.00.

Staff recommends denying liability. City had no prior notice of this claim until ante litem notice letter was received. City staff inspected parking lot and while paved surface was not "perfect", no obvious defective condition was observed. Plaintiff has the burden of proving fall was proximately caused by a defective condition of which City had previous knowledge and had failed to correct or warn.

Should a lawsuit subsequently be filed, GIRMA will defend City and pay any resultiing Judgment. City has per claim deductible of $25,000.00.