Angela Marie Stopanio v. Leon's Fence and Guardrail, LLC
346 Ga. App. 18
Ga. Ct. App.2018Background
- On Oct. 29, 2011 a multi-vehicle collision on I‑75 killed Angela Stopanio’s parents; Angela was injured and witnessed the crash.
- Angela (individually and as personal representative of the estates) sued GDOT and private contractors who performed resurfacing and guardrail work near the crash site.
- Angela filed ante litem notice to GDOT/DOAS on May 20, 2013; estates’ 12‑month ante litem period tolled until appointment of personal representative (Jan. 6, 2012), making the deadline Jan. 6, 2013.
- GDOT moved to dismiss for failure to give timely ante litem notice; the trial court granted dismissal.
- Contractors moved for summary judgment asserting the acceptance doctrine (GDOT accepted the work before the accident) and no exception (inherent/imminent danger); trial court granted summary judgment for contractors.
- Court of Appeals: affirmed summary judgment for contractors; vacated dismissal of GDOT and remanded for reconsideration in light of Harrison v. McAfee (tolling under OCGA § 9‑3‑99).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of ante litem notice to GDOT | Stopanio: pending criminal investigation tolled ante litem deadline under OCGA § 9‑3‑99; Harrison expanded tolling even when defendant isn’t criminally accused | GDOT: notice was untimely (deadline Jan. 6, 2013); pre‑Harrison precedent did not support tolling here | Vacated dismissal; remanded for trial court to reexamine timeliness in light of Harrison (Harrison applicable) |
| Application of acceptance doctrine to contractors | Stopanio: factual dispute when GDOT accepted work; final acceptance letter dated Dec. 28, 2011 (letter issued Jan. 2012) creates triable issue; also alleges installation deficient (guardrail too short) implicating imminent danger exception | Contractors: GDOT inspected, approved and reassumed control (maintenance acceptance effective Jan. 4, 2011); acceptance doctrine bars contractor liability and no evidence of hidden defect or imminent danger | Affirmed summary judgment for contractors: GDOT accepted the work prior to accident; no evidence work was inherently or imminently dangerous or had hidden defects |
Key Cases Cited
- Harrison v. McAfee, 338 Ga. App. 393 (2016) (tolling under OCGA § 9‑3‑99 applies even if tort defendant is not criminally accused)
- Ogles v. E.A. Mann & Co., 277 Ga. App. 22 (2005) (acceptance doctrine bars contractor liability after owner accepts work unless exceptions apply)
- Bragg v. Oxford Const. Co., 289 Ga. App. 638 (2008) (road-contractor not liable where DOT accepted work and no imminent-danger exception)
- Brown v. Seaboard Const. Co., 330 Ga. App. 778 (2015) (no exception to acceptance doctrine where record lacks evidence of hidden defect at time of acceptance)
- Cummings v. Ga. Dep’t of Juvenile Justice, 282 Ga. 822 (2007) (ante litem notice may be imperfect but some notice is required)
- Long v. Bruner, 171 Ga. App. 124 (1984) (appellate courts apply law as it exists at time of their judgment)