Howard v. State

Eldridge, Judge.

Barbara Howard, as next friend to her minor daughter, appellant Jamy Howard, appeals a Hall County Superior Court’s order dismissing her personal injury claim against appellee “State of Georgia d/b/a Lake Lanier Island” based upon appellant’s failure to comply with the ante litem notice provision contained in our Georgia State Tort Claims Act, OCGA § 50-21-20 et seq. Herein, we affirm the trial court’s dismissal based upon a deficiency in the service of the ante litem notice, but find that such dismissal is without prejudice and that, under the facts of the case sub judice,…