Department of Transportation v. Norris

McMurray, Presiding Judge.

Plaintiff Steven Earl Norris, individually, and as administrator of the estate of Ann Lois Norris, deceased, brought this action for wrongful death and other damages against defendants Reeves Construction Company and the Georgia Department of Transportation (“DOT”). DOT moved to dismiss plaintiff’s action for several reasons including an alleged failure to timely file an ante litem notice of claim. Following the denial of DOT’s motion to dismiss, we granted permission for interlocutory review of that ruling. Held:

With one addition, the facts in Hardy v. Candler…