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Delson v. Georgia Dep't of Transp.

Ante litem notice that decedents' estates intended to file wrongful death claims complied with O.C.G.A. § 50-21-26's ante litem notice requirements.

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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 children’s parents, Crisanto and Delores Delson “the deceased”, were killed in an automobile accident on July 21, 1995. On July 2, 1996, the same law firm that later filed a complaint on behalf of the surviving children, as well as the estates of the deceased, sent an ante litem notice that stated, in pertinent part:

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