Gillingwater v. City of Valdosta

Banke, Chief Judge.

Joanne Gillingwater sued the City of Valdosta to recover for personal injuries she allegedly incurred as the result of a fall through a broken water meter lid. She appeals an order awarding summary judgment to the city based on her failure to provide a timely, written ante litem notice in accordance with OCGA § 36-33-5.

An attorney who previously represented Gillingwater orally notified the city attorney of the incident and of his client’s intent to submit a claim. This attorney submitted an affidavit averring that he had been informed by the city attorney that the claim had…