Mayor &Amp;C. Of Athens v. Schaefer., 122 Ga. App. 729, 178 S.E.2d 764 (1970)
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Summary
Judgment affirmed. Jordan, P. J., concurs. Eberhardt, J., concurs in the judgment.
Summary
Judgment affirmed. Jordan, P. J., concurs. Eberhardt, J., concurs in the judgment.
Text
Erwin, Epting, Gibson & Chilivis, Gary B. Blasingame, for appellant.
This was an action involving a complaint against a municipality. The municipality made a motion for summary judgment on the ground that the complainant had not complied with the provisions of Code 69-308, which provides that no action may be maintained against a municipal corporation unless the complainant "within 6 months of the happening of the event upon which such claim is predicated" presents in writing such claim to the governing authorities of the municipal corporation, etc., the notice of such claim not having been presented until one day after the expiration of the 6-month period provided in the statute. The complainant as shown in her complaint, contended that subsequent to receiving the injury upon which the complaint is based, she was so mentally incapacitated as to toll the running of the statute of limitation under the provisions of Code 3-801 and 3-802, which provide: "Infants, idiots, or insane persons, or persons imprisoned, who are such when the cause of action shall have accrued, shall be entitled to the same time, after the disability shall have been removed, to bring an action, as is prescribed for other persons . . . If either of the foregoing disabilities shall happen after the right of action shall have accrued, and shall not be voluntarily caused or undertaken by the person claiming the benefit thereof, the limitation shall cease to operate during its continuance." After consideration of the pleadings, admissions, interrogatories, affidavits and depositions, the trial judge denied the municipality's motion for summary judgment and the municipality appealed to this court with the proper certificate of review. Held:
According to the definition of "mental incompetence" contained in Code 114-306 relating to the filing of workmen's compensation claims established by this court in Royal Indem. Co. v. Agnew,
William T. Gerard, for appellee.
1970
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