Earlier this month, the Georgia Supreme Court decided that it would hear an appeal from the family of a man who was killed in a workplace accident over 11 years ago. According to one local news source, the accident occurred back in 2005, when the deceased accident victim was working for a company that was contracted to widen an intersection in Macon.
Evidently, a passing car struck the man and knocked him over. Once he fell onto the roadway, another motorist passing the scene of the accident ran over the construction worker, killing him instantly. The driver of the car that struck the victim was interviewed, and he explained that he was proceeding through a green light at the time, and it was dark. It was dark enough, in fact, that he could not see any of the signs indicating that the area was a construction zone.
The man’s mother filed suit against the Georgia Department of Transportation two years after the fatal accident. Specifically, the plaintiff claimed that the Department of Transportation failed to provide adequate signage and lighting for passing motorists, failed to inspect the safety features in place at the time of the accident, and failed to ensure that a traffic-control plan had been reached and followed by the sub-contractors at the construction site.
When the case went to trial several years ago, the trial court determined that the actions leading to the man’s death were potentially attributable to the Department of Transportation, and it denied the Department’s motion to dismiss the case based on its sovereign immunity. However, the case was reversed on appeal by the court of appeals. The court of appeals based their decision on the fact that the Department of Transportation permissibly delegated its duty to maintain a safe roadway to the sub-contractors working on the project. The court rejected the plaintiff’s claim that maintaining a safe roadway is a non-delegable duty. Thus, the court determined that the lower court was improper to deny the Department’s motion to dismiss.
The final outcome of the case is far from certain, but the state’s supreme court has recently decided that it will hear the case and render a final decision in the near future. If the court reverses the court of appeals, the defendant may very well get her day in court.
Have You Been Injured in a Georgia Accident?
If you or a loved one has recently been injured in any kind of Georgia car or truck accident, you may be entitled to monetary compensation. This may even be the case if the named defendant is a city, county, or state government, although that will likely present additional challenges. To learn more about Georgia personal injury lawsuits, and how you may be able to recover compensation for all that you have been through, call Miller Legal Services at 770-284-3727 today to set up your free consultation. Calling is free and will not result in any obligation on your part unless we are able to help you recover for your injuries.
See Related Blog Posts:
The Reach of Negligence Liability Lawsuits in Georgia, Marietta Personal Injury Lawyer Blog, January 20, 2016.
Court Dismisses Case Against Driver Based on Plaintiff’s Failure to Show Negligence, Marietta Personal Injury Lawyer Blog, January 6, 2016.