CUNDY v. CITY OF SMYRNA

No. A03A2225.

591 S.E.2d 447 (2003)

264 Ga. App. 535

CUNDY v. CITY OF SMYRNA.

Court of Appeals of Georgia.

December 3, 2003.


Attorney(s) appearing for the Case

Scott A. Hart, Atlanta, for appellant.

Misner, Scott & Grate, Donald J. Grate, Atlanta, for appellee.


ELLINGTON, Judge.

Rosemary Cundy appeals from the grant of partial summary judgment on her tort claims against the City of Smyrna. We find that, because the record shows that Cundy failed to give timely written ante litem notice to the city as a matter of law, the trial court properly granted summary judgment on these claims.

The record shows the following undisputed facts: the claims at issue arose from flooding of Cundy's home when a sewer backed up in October...

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