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Date: 10-04-2015

Case Style: FOSTER v. GEORGIA REGIONAL TRANSPORTATION AUTHORITY

Case Number: S15G0321

Judge: Keith R. Blackwell

Court: Supreme Court of Georgia

Plaintiff's Attorney: Joyce Wilson Bergman

Defendant's Attorney: Grant B. Smith, Brent Michael Estes, Dennis Corry, Kathleen M. Pacious, ., Loretta L. Pinkston, Samuel S. Olens

Description: In support of this argument, Foster pointed to
OCGA § 50-21-27 (e), which provides that “[a]ll provisions relating to the
tolling of limitations of actions, as provided elsewhere in this Code, shall apply
to causes of action brought pursuant to [the Tort Claims Act],” and OCGA § 36
33-5 (d), which provides that “[t]he running of the statute of limitations shall be
suspended during the time that the demand for payment is pending before such
authorities without action on their part.” The trial court denied the motion for
judgment on the pleadings, and the Authority took an interlocutory appeal.
Concluding that the tolling provision of OCGA § 36-33-5 (d) has no
application to a claim asserted under the Tort Claims Act, the Court of Appeals
reversed. Ga. Regional Transp. Auth. v. Foster, 329 Ga. App. 258, 261 (764
SE2d 862) (2014). To reach this conclusion, the Court of Appeals in its opinion
examined at length what it perceived as the legislative purpose underlying the
Tort Claims Act, and it reasoned that OCGA § 36-35-5 (d) would “thwart the
2 Foster gave ante litem notice in February 2012, well within the two-year period of limitation, and it appears that the State may never have responded to the notice. In any event, no one disputes that, if the pendency of the notice of claim tolled the period of limitation, the statute of limitation would not bar this lawsuit. 2
legislature’s intent” and “cannot be harmonized with the [Tort Claims Act].”3
Id. We issued a writ of certiorari to review the decision of the Court of Appeals,
and although our analysis differs from that of the Court of Appeals, we conclude
that the Court of Appeals reached the right result. Accordingly, we affirm its
judgment.
As we have explained before, when we read statutory text, “we must
presume that the General Assembly meant what it said and said what it meant,”
Deal v. Coleman, 294 Ga. 170, 172 (1) (a) (751 SE2d 337) (2013) (citation and
punctuation omitted), and so, “we must read the statutory text in its most natural
and reasonable way, as an ordinary speaker of the English language would.”
FDIC v. Loudermilk, 295 Ga. 579, 588 (2) (761 SE2d 332) (2014) (citation and
punctuation omitted). According to OCGA § 50-21-27 (e), “[a]ll provisions
relating to the tolling of limitations of actions, as provided elsewhere in this
Code, shall apply to causes of action brought pursuant to [the Tort Claims Act].”
(Emphasis supplied.) The statute means just what it says: statutory tolling
provisions apply to claims under the Tort Claims Act in the same way, in the
3 Judge McMillian concurred in judgment only and did not join the opinion of the Court of Appeals. See Foster, 329 Ga. App. at 261 (McMillian, J., concurring). 3
same manner, and to the same extent that those provisions would apply to claims
not brought under the Tort Claims Act.4 If a tolling provision otherwise would
apply to a particular claim, it applies notwithstanding that the claim is subject
to the Tort Claims Act. The question in this case, therefore, is whether the
tolling provision of OCGA § 36-33-5 (d) applies by its own terms to the claim
that Foster asserts against the Authority.
That provision speaks of tolling a period of limitation “during the time
that the demand for payment is pending before such authorities without action
on their part.” OCGA § 36-33-5 (d) (emphasis supplied). The statutory
references to “demand for payment” and “authorities” are particularized; the
statute clearly means to refer to some specific “demand for payment” and
particular “authorities.” And the context of subsection (d) — in particular, the
other provisions of OCGA § 36-33-5 — reveals the specific “demand for
4 See 1 New Shorter Oxford English Dictionary, p. 123 (1993 ed.) (when used as a relative adverb or conjunction, dealing with quality or manner, the primary meaning of “as” is “[i]n the way or manner that; to the same extent that; in proportion as; according as” when used without an antecedent like “so” in a subordinate clause, or “[i]n the same way as, as if, as it were; after the manner of; in the likeness of; like” when used in a phrase with part of the subordinate clause understood); American Heritage Dictionary of the English Language, p. 106 (3d ed. 1992) (when used as a conjunction, “as” can mean “[i]n the same manner or way that”). 4
payment” and “authorities” to which subsection (d) refers. See Smith v. Ellis,
291 Ga. 566, 573 (3) (a) (731 SE2d 731) (2012) (“In construing statutes . . . we
do not read words in isolation, but rather in context.” (Citations omitted)). See
also May v. State, 295 Ga. 388, 391-392 (761 SE2d 38) (2014) (“For context,
we may look to the other provisions of the same statute, the structure and history
of the whole statute, and the other law — constitutional, statutory, and common
law alike — that forms the legal background of the statutory provision in
question.” (Citations omitted)). As a whole, OCGA § 36-33-5 concerns claims
against municipal corporations.5 Subsection (a) generally requires ante litem
5 In its entirety, OCGA § 36-33-5 provides as follows: (a) No person, firm, or corporation having a claim for money damages against any municipal corporation on account of injuries to person or property shall bring any action against the municipal corporation for such injuries, without first giving notice as provided in this Code section. (b) Within six months of the happening of the event upon which a claim against a municipal corporation is predicated, the person, firm, or corporation having the claim shall present the claim in writing to the governing authority of the municipal corporation for adjustment, stating the time, place, and extent of the injury, as nearly as practicable, and the negligence which caused the injury. No action shall be entertained by the courts against the municipal corporation until the cause of action therein has first been presented to the governing authority for adjustment. (c) Upon the presentation of such claim, the governing authority shall consider and act upon the claim within 30 days from the presentation; and the action of the governing authority, unless it results in the settlement thereof, shall in no sense be a bar to an action therefor in the courts. (d) The running of the statute of limitations shall be suspended during the time that the demand for payment is pending before such authorities 5
notice for any “claim for money damages against any municipal corporation on
account of injuries to person or property.” Subsection (b) concerns the time and
manner in which the notice must be presented to “the governing authority of the
municipal corporation.” Subsection (c) requires the governing authority to
“consider and act upon the claim.” Subsection (e) concerns the content of the
notice of claim, and it requires that the notice “include the specific amount of
monetary damages being sought.” And subsection (f) requires service of the
notice of claim upon “the mayor or the chairperson of the city council or city
commission, as the case may be.” When subsection (d) speaks of tolling “during
the time that the demand for payment is pending before such authorities without
action on their part,” it means “during the time that the demand for payment [for
without action on their part. (e) The description of the extent of the injury required in subsection (b) of this Code section shall include the specific amount of monetary damages being sought from the municipal corporation. The amount of monetary damages set forth in such claim shall constitute an offer of compromise. In the event such claim is not settled by the municipal corporation and the claimant litigates such claim, the amount of monetary damage set forth in such claim shall not be binding on the claimant. (f) A claim submitted under this Code section shall be served upon the mayor or the chairperson of the city council or city commission, as the case may be, by delivering the claim to such official personally or by certified mail or statutory overnight delivery. 6
a claim against a municipal corporation] is pending before [the governing
authority of that municipal corporation] without action on [its] part.”
By its own terms, OCGA § 36-33-5 (d) permits the tolling of the period
of limitation only for claims against municipal corporations. The Authority is
not a municipal corporation, and for that reason, OCGA § 36-33-5 (d) does not
apply to any claim against the Authority, whether under the Tort Claims Act or
otherwise.

Outcome: The Court of Appeals correctly reversed the denial of the motion for
judgment on the pleadings, and the judgment of the Court of Appeals is
affirmed.

Plaintiff's Experts:

Defendant's Experts:

Comments: Dana Foster sued the Georgia Regional Transportation Authority under the provisions of the Georgia Tort Claims Act, OCGA § 50-21-20 et seq., alleging that the Authority is liable in tort for injuries that she sustained while riding as a passenger on its bus. The Authority moved for judgment on the pleadings, noting that the period of limitation for a claim under the Tort Claims Act is two years, see OCGA § 50-21-27 (c), and Foster filed her lawsuit more than two years after she sustained the injuries in question.1 Foster, however, had given ante litem notice of her claim to the Authority and the Department of Administrative Services as required by the Tort Claims Act, see OCGA § 50-226 (a), and she argued that the period of limitation was tolled for so long as her notice of claim was pending.



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