Allen v. City of MacOn
Allen v. City of MacOn
Concurring Opinion
concurring specially. I concur in the judgment solely because this court is bound by the strict application of Code Ann. § 69-308 as exemplified by City of Calhoun v. Holland, 222 Ga. 817 (152 SE2d 752), reversing Holland v. City of Calhoun, 114 Ga. App. 51 (150 SE2d 155). As pointed out by Judge Deen in Holland, the purpose of the ante
Opinion of the Court
No action for damages may be filed against a municipality unless written notice complying with the requirements of Code Ann. § 69-308 is first presented to the governing body within six months of the happening of the event
In the present case the petition alleges that the plaintiff was injured through the negligence of an employee at the city hospital; that the city carried liability insurance; that written notice was given the claims manager of the insurer by plaintiff’s attorney, who was advised that the company was investigating and they would try to work the matter out, and that an adjuster called on the plaintiff and made a written report. Oral notice was also given to hospital authorities. None of this amounts to written notice presenting the claim to the governing authority of the municipality, a condition precedent to this action.
The trial court did not err in dismissing the petition.
Judgment affirmed.
Reference
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