Hamilton-King v. HNTB Georgia, Inc.
311 Ga. App. 202
Ga. Ct. App.2011Background
- Hamilton-King and relatives were injured in a nighttime automobile accident in a bridge construction zone on I-95.
- They sued designer HNTB Georgia, Inc. and contractor Plant Improvement for negligence relating to lighting and signage.
- Hamiltons argued HNTB failed to draft plans with proper lighting and signage; Plant Improvement failed to implement proper lighting/signage per MUTCD.
- Two engineers offered expert testimony about MUTCD guidance and engineering judgment in traffic control plans.
- Trial court granted summary judgment to defendants; this court previously reversed, then Supreme Court remanded for simple negligence analysis.
- This court held no simple negligence claim remained; affirmed summary judgment for both defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Hamiltons plead simple negligence against HNTB? | Hamiltons asserted ordinary negligence claims against HNTB. | HNTB argued professional negligence only; no simple negligence. | No simple negligence claim; claim sounded in professional malpractice. |
| Did Hamiltons plead simple negligence against Plant Improvement? | Alleged DOT contract implementation and MUTCD-based lighting/signage duties involved ordinary negligence. | Plant Improvement contended claims were professional judgments; no simple negligence. | No simple negligence claim; professional malpractice claim exists. |
| Are there any genuine issues of material fact on ordinary negligence claims? | Experts support lack of lighting/signage; credibility for trial. | No admissible ordinary-negligence facts; standard is professional. | No genuine issues on ordinary negligence; summary judgment affirmed. |
Key Cases Cited
- Pattman v. Mann, 307 Ga.App. 413, 701 S.E.2d 232 (2010) (professional vs ordinary negligence distinction guidance)
- Dept. of Transp. v. Mikell, 229 Ga.App. 54, 493 S.E.2d 219 (1997) (engineering judgment requires expert testimony on standard of care)
- Walls v. Sumter Regional Hosp., 292 Ga.App. 865, 666 S.E.2d 66 (2008) (distinguishes professional from simple negligence)
- Baskette v. Atlanta Center for Reproductive Medicine, 285 Ga.App. 876, 648 S.E.2d 100 (2007) (professional negligence framework in Georgia)