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DELSON v. DEPARTMENT OF TRANSP.

No. A00A0653.

537 S.E.2d 381 (2000)

245 Ga. App. 100

DELSON v. DEPARTMENT OF TRANSPORTATION.

Court of Appeals of Georgia.

Certiorari Denied November 30, 2000.

Attorney(s) appearing for the Case

Weinstock & Scavo, Michael Weinstock, Jeffrey P. Yashinsky, Jan P. Cohen, Atlanta, for appellants.

Thurbert E. Baker, Attorney General, Kathleen M. Pacious, Deputy Attorney General, Lawson, Davis, Pickren & Seydel, G. Thomas Davis, Paul R. Jordan, Alison H. Price III, Swift, Currie, McGhee & Hiers, Stephen L. Cotter, Henry L. Pruett, Moore, Ingram, Johnson & Steele, William R. Johnson, Atlanta, Jere C. Smith, for appellees.

BARNES, Judge.

Natividad Delson, Rex Delson, Maria Delson, Ann Delson Hejmanowski, and Concepcion Delson Guistino ("surviving children") appeal from the trial court's grant of partial summary judgment to the Georgia Department of Transportation ("DOT"). Because we find the trial court erred by finding that the surviving children failed to comply with the ante litem notice requirements of OCGA § 50-21-26, we reverse.

The record shows that the surviving...

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