Cundy v. City of Smyrna

Ellington, Judge.

Rosemary Cundy appeals from the grant of partial summary judgment on her tort claims against the City of Smyrna. We find that, because the record shows that Cundy failed to give timely written ante litem notice to the city as a matter of law, the trial court properly granted summary judgment on these claims.

The record shows the following undisputed facts: the claims at issue arose from flooding of Cundy’s home when a sewer backed up in October 1999. Over 16 months later, in March 2001, her home was again flooded under similar circumstances. In May 2001, Cundy gave the city…