Wallace v. City of Atlanta, A23A0904, 2023 WL 4069940 (Ga. Ct. App. June 20, 2023)
In the present case, the Wallaces’ Original Notice contained no allegations of negligence by the City and instead identified alleged negligent acts only of APS, a separate legal entity,5 as causing the fatal accident. The Original Notice thus failed to identify “what alleged negligence on the part of the [City] caused the [fatal] incident.”
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An amended ante litem notice provided to a defendant municipality outside the six-month deadline imposed by OCGA § 36-33-5 (b) does not relate back to the date of an original, defective notice and cannot cure any defects contained in the original notice. See Manzanares v. City of Brookhaven, 352 Ga. App. 293, 298-299 (2), 834 S.E.2d 358 (2019). The Wallaces’ Amended Notice therefore did not relate back to the date of the Original Notice and could not cure the defects contained therein, as the trial court properly determined.