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S11A0496. DELOACH v. ELLIOTT et al.
State: Georgia
Court: Supreme Court
Docket No: S11A0496
Case Date: 05/16/2011
Preview:Final Copy

289 Ga. 319

S11A0496. DELOACH v. ELLIOTT et al.

CARLEY, Presiding Justice.

On August 2, 2007, Waynesboro police officer Jonathan Elliott, while conducting a routine patrol, drove his police cruiser into the back of an automobile being driven by Irene DeLoach (Appellant). Appellant was injured during the accident. It is undisputed that at the time of the accident, Elliott was operating a city-owned vehicle within the course and scope of his employment as a police officer. On July 30, 2009, Appellant filed a negligence action in the trial court against Elliott, in his individual and his official capacity, and the City of Waynesboro, Georgia (Appellees). The trial court granted a motion for summary judgment filed by Appellees, holding that, since Appellant failed to provide ante litem notice within six months of the wreck as required by OCGA
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