Norris v. Department of Transportation

I must respectfully dissent because I believe that the Court of Appeals correctly determined that OCGA § 50-21-26 (a) requires actual receipt of an ante litem notice of claim within 12 months of the date of the loss.

The Georgia Tort Claims Act provides that an individual may not bring a tort claim against the state unless the individual first gives the state written notice of the claim within the time and in the manner specified by OCGA § 50-21-26. Subsection (a) provides in pertinent part:

No person . . . having a tort claim against the state under this article shall bring any action against…