The procedural rules for filing a Georgia negligence lawsuit can be complex, and are always important for a plaintiff to follow. However, strict compliance with procedural requirements is especially important when a plaintiff seeks damages from a government entity. A recent decision by the Georgia Court of Appeals affirming the dismissal of a personal injury claim filed against the state of Georgia should serve as a reminder of this importance.
According to the court’s opinion, the plaintiff was a woman who alleged that she was injured as a result of an escalator malfunction while attending an Atlanta Falcons game at the Georgia Dome in the fall of 2015. The woman claimed the operators of the Georgia Dome were negligent by failing to maintain and inspect the escalator, and she was seriously injured by the malfunction. The plaintiff sued the Georgia World Congress Center Authority, which is the state government entity that operates the Georgia Dome, requesting over $6 million in damages as compensation for her injuries and loss.
Before a trial was held over the plaintiff’s claim, the defendant filed a motion to dismiss the lawsuit, alleging that the plaintiff’s complaint did not comply with the Georgia Tort Claims Act (GTCA), which is the state law outlining the standards for procedural requirements for a negligence claim against a government entity in the state of Georgia. The trial court granted the defendant’s motion and dismissed the plaintiff’s lawsuit, ruling that the plaintiff’s complaint did not give adequate notice to the defendant of the nature of the claim, as required under the GTCA. The plaintiff appealed the ruling to the Georgia Court of Appeals.