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Angela Marie Stopanio Et Al.v.Leon'S Fence And Guardrail, Llc Et Al.

CourtCourt of Appeals of Georgia
Docket No.A18A0587
DecidedMay 30, 2018
Reporter341 Ga. App. 290
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawWrongful DeathNegligencePremises LiabilityGovernment LawSovereign ImmunitySummary JudgmentVacaturRemand
Case Summary

Angela Stopanio sued the Georgia Department of Transportation and road-work contractors after she was injured and her parents died when their vehicle struck guardrails and a bridge support on Interstate 75. The trial court dismissed the claims against the Department for failure to provide timely ante litem notice and granted the contractors summary judgment under Georgia’s acceptance doctrine. The Georgia Court of Appeals vacated the dismissal against the Department and remanded for reconsideration. A pending criminal investigation arising from the collision could toll the statutory notice period under the court’s precedent, and the trial court had applied an incorrect legal framework in rejecting that argument. The court affirmed the contractors’ summary judgment. The acceptance doctrine barred claims based on work completed under the Department’s direction and accepted before the collision, and the record showed no hidden defect or other exception, including no evidence that installing the guardrails was inherently dangerous. The judgment was therefore affirmed in part, vacated in part, and remanded with direction.

Opinion

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Angela Marie Stopanio Et Al. V. Leon'S Fence And Guardrail, Llc Et Al. — The Atlanta Gleaner