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Munrov.Department of Transportation

CourtCourt of Appeals of Georgia
Docket No.A23A0404
DecidedJune 27, 2023
Reporter368 Ga. App. 785; 890 S.E.2d 349; 2023 Ga. App. LEXIS 337; 2023 WL 4194716
JudgesMCFADDEN, Presiding Judge. Brown and Markle, JJ., concur.
Tags
CivilWrongful DeathSovereign ImmunityGeorgia Tort Claims ActNegligent DesignNegligent InspectionRoadway Vegetation
Case Summary

Ashleigh Munro died when the vehicle in which she was riding collided with a tractor-trailer at the intersection of Thigpen Trail and State Route 37. Her parents sued the Georgia Department of Transportation, alleging negligent intersection design and negligent inspection and maintenance. The trial court dismissed both claims for lack of subject-matter jurisdiction under sovereign immunity. The Court of Appeals affirmed dismissal of the design claim. To overcome the Georgia Tort Claims Act’s design exception, the parents had to show that the intersection’s design failed to meet engineering standards in effect when it was prepared. Their expert was not licensed as an engineer at that time, so Georgia law barred his testimony on those standards, and the parents offered no other competent evidence. The court reversed dismissal of the inspection claim. The parents separately alleged that DOT failed to inspect and maintain the state intersection, including by removing hazardous vegetation. Because the claim concerned inspection of state property, the Act waived immunity for it; the DOT had argued only that inspection was inseparable from protected design. The case therefore returned for further proceedings on negligent inspection.

Opinion

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