Georgia Department of Transportation v. Jackson, 2024 WL 4587698 (Ga.App., 2024)
Here, Jackson contends that her ante litem notice was “mailed by certified mail or statutory overnight delivery, return receipt requested[,]” and thus complied with the Georgia Tort Claims Act.
[. . .]
Applying such principles of construction, we must conclude that Jackson’s complaint did not comply with the Georgia Tort Claims Act because the documents she attached to her complaint pursuant to subsection (a) (4) do not demonstrate compliance with subsection (a) (2). Simply put, the documents submitted by Jackson fail to even establish that the ante litem notice successfully reached the United States Postal Service.
[. . .]
Accordingly, personal service on DOAS of a lawsuit cannot satisfy the notice requirements of OCGA § 50-21-26 (a) because the notice must be received prior to a lawsuit being filed. To the extent that the trial court denied the motion to dismiss on this basis, such was error.
