Last month, a Georgia appellate court issued a written opinion in a personal injury case arising out of a car accident between the plaintiff and a government employee. Since the case was filed against a government entity, the plaintiff had to comply with certain additional requirements. One of the requirements was that the plaintiff specify the exact amount of damages sought. Ultimately, the court affirmed the dismissal of the plaintiff’s case because, rather than specify the exact amount of damages, she sought “the full amount of damages allowed by law.”
The plaintiff was involved in a car accident with an employee of the Georgia Department of Transportation. Under the theory of vicarious liability, the plaintiff filed a personal injury lawsuit against the Department, seeking compensation for the injuries she sustained in the accident. In her complaint, the plaintiff listed the damages sought as the “full amount of damages allowed by law.” Under the applicable statute, that was $1 million.
In Georgia, as well as in Maryland and many other states, lawsuits filed against a government entity must comply with certain additional requirements. Specifically, the law requires that a plaintiff naming a government entity as a defendant specify the amount of damages sought. If a plaintiff fails to comply with this or any other procedural requirement, the government defendant may be successful in asking the court to dismiss the case.