Posted by Susan J. Levy
In DeLoach v. Elliott et al., 2011 Ga. LEXIS 381 (2011), a City of Waynesboro, Georgia, police officer, while on routine patrol in his city-owned vehicle, rear-ended Plaintiff’s vehicle. Plaintiff sued the officer both in his official and individual capacities, and the City of Waynesboro. The Court granted summary judgment to the City and to the Officer in his official capacity for the failure of Plaintiff to comply with the ante litem requirement. The only issue on Appeal was the Trial Court’s ruling that the officer was protected from suit in his individual or official capacities by O.C.G.A. §36-92-3(a).