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  5. 643 S.E.2d 302 (2007)
 

BACKENSTO v. GEORGIA DEPT. OF TRANSP.

No. A06A2361.

643 S.E.2d 302 (2007)

BACKENSTO et al. v. GEORGIA DEPARTMENT OF TRANSPORTATION.

Court of Appeals of Georgia.

March 7, 2007.

Attorney(s) appearing for the Case

Sherwood & Sherwood, H. Burke Sherwood, Valdosta, for appellants.

Thurbert E. Baker, Attorney General, Richard V. Merritt, Assistant Attorney General, for appellee.

SMITH, Presiding Judge.

Jami Backensto and Robert B. Backensto sued the Georgia Department of Transportation for damages arising out of an October 24, 2000 collision between their vehicle and a road sign. The Department moved to dismiss the complaint on the grounds that the Backenstos did not comply with OCGA § 50-21-35 because they failed to mail a copy of the complaint to the attorney general and attach a certificate to the complaint certifying that the mailing...

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