West v. City of Albany

Summary

The Supreme Court of Georgia answered a certified question concerning whether a plaintiff pursuing monetary damages under the Georgia Whistleblower Act must provide municipal ante litem notice under OCGA § 36-33-5. The court held that the notice requirement does not apply because the statute addresses injuries caused by negligence, while whistleblower retaliation is an intentional employment action governed by the Georgia Whistleblower Act.

Holdings

1. A plaintiff is not required to provide ante litem notice under OCGA § 36-33-5 before pursuing a whistleblower retaliation claim under the Georgia Whistleblower Act against a municipal corporation.
2. OCGA § 36-33-5 applies only to damages caused by negligence and does not extend to intentional acts merely because the claimant seeks money damages.

Questions Presented

1. Whether a plaintiff must provide municipal ante litem notice under OCGA § 36-33-5 before pursuing a claim for money damages against a municipality under the Georgia Whistleblower Act.
2. Whether OCGA § 36-33-5 applies only to damages caused by negligence, rather than to intentional retaliation claims under the Georgia Whistleblower Act.

Disposition

other