Georgia Department of Transportation v. Wyche
332 Ga. App. 596
Ga. Ct. App.2015Background
- Decedent Larry Bowen, a Reeves Construction employee, was killed while directing traffic at an active DOT paving project intersection on May 4, 2005. Drivers testified it was very dark and they saw no construction signs.
- Reeves (contractor) was responsible under its DOT contract and the MUTCD for traffic control devices and designating a Worksite Traffic Control Supervisor; Moreland (engineer/inspector) contracted with DOT to inspect and monitor contract compliance.
- Only one DOT employee (a field materials inspector) was on site; Moreland and Reeves personnel were present and handling traffic control duties the night of the accident.
- Wyche sued DOT and Moreland for ordinary and professional negligence, alleging failure to provide conspicuous signage and lighting and failure to inspect/enforce contract safety requirements; DOT filed a third‑party indemnification claim against Reeves.
- DOT moved to dismiss based on sovereign immunity; the trial court denied the motion. The Court of Appeals reviewed de novo and reversed, finding sovereign immunity barred Wyche’s claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DOT waived sovereign immunity for torts committed by independent contractors (Reeves, Moreland) | Wyche: DOT has nondelegable duty for highway safety; contractors’ acts should be treated as state conduct so immunity waived | DOT: Contractors are independent; GTCA waiver covers state employees only, not independent contractors | Held: No waiver — GTCA does not cover independent contractors; DOT immune for contractors’ negligent acts |
| Whether federal funding/regulations prevent DOT from delegating authority and thus bar delegation defense | Wyche: Federal regs (23 CFR) require DOT to retain full authority, so DOT cannot delegate responsibility | DOT: Argument raised for first time on appeal; Comanche and regulations permit contractor-developed traffic control plans with DOT oversight | Held: Not considered on appeal (raised first time) and persuasive precedent allows delegation; delegation does not waive immunity |
| Whether DOT’s alleged negligence in approving or inspecting the traffic control plan falls within GTCA inspection exception (OCGA § 50‑21‑24(8)) | Wyche: Accident occurred on state highway; DOT inspecting its own property so exception inapplicable | DOT: Claims concern oversight/inspection/approval of contractor work — covered by inspection powers exception | Held: Covered by inspection powers exception; DOT immune for negligent inspection/oversight of contractor work |
| Whether DOT’s approval/authorization decisions fall within GTCA licensing exception (OCGA § 50‑21‑24(9)) | Wyche: Claim framed as failure to enforce contract terms, not a licensing decision; she does not challenge the initial decision to authorize project | DOT: Review/approval, and failure to revoke approval, are decisions/approvals protected by licensing exception | Held: Approval/authorization and failure to revoke fall within licensing exception; DOT immune |
Key Cases Cited
- Bd. of Regents of the Univ. System of Ga. v. Canas, 295 Ga. App. 505 (review standard for sovereign immunity dismissal) (establishing de novo review of sovereign immunity motions)
- Johnson v. Ga. Dept. of Human Resources, 278 Ga. 714 (GTCA waiver limited to state employees; departments may delegate duties)
- Bd. of Regents of the Univ. System of Ga. v. Brooks, 324 Ga. App. 15 (independent contractors not covered by GTCA definition of "employee")
- Dept. of Transp. v. Jarvie, 329 Ga. App. 681 (inspection powers exception bars suit for DOT oversight/monitoring of contractor construction)
- Dept. of Transp. v. Owens, 330 Ga. App. 123 (licensing exception covers DOT approvals and related decisions about traffic control plans)