Albertson v. City of Jesup
312 Ga. App. 246
| Ga. Ct. App. | 2011Background
- Albertson and his minor daughter were driving in Jesup, GA, when they approached the Bay Street and Fourth Street intersection with an undisputed stop-sign.
- Albertson failed to see the stop-sign and entered the intersection at 25–30 mph, resulting in a collision with a southbound vehicle and injuries to both.
- Albertson later found the stop-sign obscured by foliage and located about ten feet from the roadside in a concrete bucket, after the collision.
- Albertson alleged the City negligently maintained foliage and failed to replace or relocate the stop-sign, creating an unsafe sight-line.
- The City moved for summary judgment on both negligence and nuisance claims; the trial court granted both motions, citing sovereign immunity and lack of notice for a nuisance.
- On appeal, the Georgia Court of Appeals affirmed, holding the City was entitled to sovereign immunity on the negligence claim and there was insufficient evidence of notice to support a nuisance claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sovereign immunity bars negligence claim | Albertson | Jesup | Sovereign immunity bars the negligence claim |
| Whether stop-sign maintenance is a governmental function barred by immunity | Albertson | Jesup | Maintaining the stop-sign is a governmental function; immunity applies |
| Whether plaintiff can prove nuisance without City notice | Albertson | Albertson/City | No sufficient evidence of City notice; nuisance claim affirmed as unsupported |
Key Cases Cited
- Harmon v. Innomed Techs., Inc., 309 Ga. App. 265 (2011) (de novo summary judgment review; evidence viewed for triable issues)
- Thompson v. City of Fitzgerald, 248 Ga. App. 725 (2001) (notice and failure to present evidence required for negligence claim)
- Jones v. Bd. of Regents of the Univ. Sys. of Ga., 262 Ga. App. 75 (2003) (summary judgment may be affirmed for any rightful reason)
- Johnson v. Dep't of Transp., 245 Ga. App. 839 (2000) (maintenance defects require standard, deviation, and causal connection; expert testimony may be needed)
- Dep't of Transp. v. Mikell, 229 Ga. App. 54 (1997) (expert testimony required for stop-sign placement maintenance; standard of care for foliage)
- Cyr v. Mayor & Aldermen of Savannah, 188 Ga. App. 261 (1988) (sovereign immunity barred obscured stop-sign claim)
- Barnett v. City of Albany, 149 Ga. App. 331 (1979) (obstructed stop-sign maintenance cases precluded by immunity)
- Arthur v. City of Albany, 98 Ga. App. 746 (1958) (erection and maintenance of stop signs; legislative/judicial function)