Ga. Court of Appeals Dismisses Accident Lawsuit Against Baldwin County

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Auto Accident

When an employee of a private business causes an auto accident, the victim can seek to hold the employer accountable under the legal principle of vicarious liability. What happens when the employee works for a local government? In that scenario, it is still possible to hold the public employer accountable, but there are a number of procedural hurdles that the victim must clear first.

Green v. Baldwin County Board of Commissioners

A May 5 decision from the Georgia Court of Appeals, Green v. Baldwin County Board of Commissioners, illustrates the difficulty such hurdles can pose. This case involves a June 2015 auto accident in Baldwin County. The plaintiff was stopped at an intersection when a police car driven by a sheriff’s deputy rear-ended her.

Two years after the accident, in May 2017, the plaintiff sued the deputy as well as the Baldwin County Board of Commissioners. Both defendants moved to dismiss the lawsuit. They argued that the plaintiff failed to comply with Georgia state law, which requires advanced (or ante litem) notice of her lawsuit within one year of the accident. And in any event, such notice should have been made to the Baldwin County sheriff, not the Board of Commissioners.

The trial court agreed with the defense and granted its motion for summary judgment. The Court of Appeals affirmed. In its opinion, the appeals court said that “as a matter of law a county cannot be held vicariously liable for the actions of a deputy sheriff.” The only party who could be held vicariously liable was the sheriff. Since the plaintiff never provided the required notice to the sheriff, she could not sue him, either.

The plaintiff insisted the notice period could be stopped or “tolled” to give her time to comply. But the Court of Appeals rejected that argument. It noted the Supreme Court of Georgia, in addressing a case earlier this year, held that ante litem notice periods could not be tolled under Georgia law.

Different Notice Requirements for Different Levels of Government

It is worth noting that Georgia has different ante litem notice rules for different types of government agencies. For example, in cases like Green where the defendant is a county, notice must be made within 12 months of the victim’s injury. If the defendant is a city or municipality, the notice must be made within six months.

Like counties, claims against the State of Georgia (or one of its agencies) are also subject to a 12-month notice requirement. However, the state notice requirements are much stricter than those involving a county. The state notice must provide certain specific information and follow a particular form of service. The rules governing county notice are somewhat less stringent.

Once again, it is important to remember that ante litem notice only applies when you are suing a government agency or subdivision. It does not apply to claims against private parties. Of course, those lawsuits must still comply with Georgia’s normal statute of limitations, which requires filing a personal injury claim within two years of an accident.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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