| AGENDA ITEM SUMMARY
Consider a motion denying the purported ante litem notice, filed August 29, 2016, by Gerald Bailey, based upon an incident on February 28, 2016 in which Mr. Bailey drove his car into the rear of a City of Griffin Electric truck transporting 70' electric poles, which extended past the rear of the vehicle. City Attorney Drew Whalen will address.
SPECIAL CONSIDERATIONS OR CONCERNS: |
Following the incident, Mr. Bailey made a claim with the City's Risk Manager, which was turned over to GIRMA for investigation, resulting in a finding that Mr. Bailey was contributorily negligent in excess of 50%; for this reason the claim was denied. Bailey filed the attached, handwritten letter, purporting to be an ante litem notice on Monday, August 29, 2016, by bringing it to Teresa Watson. This purported notice fails to state: time of day incident occurred, location of incident (other than North Expressway), and extent of injuries sustained. It also appears service of the notice was deficient.
Staff recommends denial of the claim. OCGA 36-33-5 requires notice be given "within 6 months of the date of the occurrence giving rise to the injuries..." Under caselaw, an occurrence on 2/28/16 expired on 8/28/16. Although the last day fell on Sunday, the statute does not provide for the time to be extended to the next business day. The law also requires a notice to either be: personally served on the Mayor, Chairperson, City Manager or City Administrator, served by certified U.S. Mail, or by statutory overnight delivery. None of these methods were used. Neither Chairperson Morrow or City Manager Smith were in the building on the date Mr. Bailey left his notice with Mrs. Watson, who has not been designated to accept service on either officer's behalf.
Claim has already been submittted to GIRMA for investigation and adjustment, as warranted. See denial notice attached. The City of Griffin has a deductible of $25,000 on each liability claim in which a lawsuit is filed. | | | |