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Georgia Department Of Transportationv.Mary Wyche et al.

CourtCourt of Appeals of Georgia
Docket No.A15A0346
DecidedJune 25, 2015
Reporter332 Ga. App. 596; 774 S.E.2d 169
JudgesPresiding Judge Barnes, Judge Ray, and Judge McMillian; Judge McMillian authored
Tags
CivilTort LawNegligenceGovernment LawSovereign ImmunitySubject Matter JurisdictionStatutory InterpretationMotion to DismissReversal
Case Summary

Mary Wyche sued the Georgia Department of Transportation and contractors after her son, Larry Bowen, was struck and killed while working at a dark Macon construction intersection where drivers said they saw no construction signs. She alleged that deficient traffic control, lighting, inspection, and contract supervision caused the death. The trial court denied the DOT’s motion to dismiss, finding that the Georgia Tort Claims Act could permit a negligence action despite sovereign immunity. The Court of Appeals reversed. It held that the DOT could delegate traffic-control and inspection responsibilities to independent contractors, who are not “employees” under the Act, so the Act did not waive immunity for their negligence. The court further held that claims based on the DOT’s own approval or inspection of the paving project fell within the Act’s inspection-powers and licensing-powers exceptions. Wyche’s argument that federal highway funding prevented delegation was raised for the first time on appeal and was not considered. Because both the contractor-based claims and the claims concerning DOT approval and inspection were barred by sovereign immunity, the court reversed the order denying dismissal.

Opinion

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