Sadler v. Department of Transportation of State
311 Ga. App. 601
Ga. Ct. App.2011Background
- 2005 accident at Cassidy Road intersecting with the North Thomasville Highway Bypass in Thomas County; Daley's vehicle struck in median after stopping to assess traffic, killing two relatives and injuring others
- Plaintiffs sued GDOT alleging negligent design, maintenance, signaling, and failure to comply with design standards and traffic-control devices
- GDOT asserted sovereign immunity and moved to dismiss; trial court granted dismissal for lack of waiver of sovereign immunity
- Evidence included plaintiffs' engineer Hill and GDOT's engineer; disputes over median width and MUTCD applicability
- Design standards from 1984 policy and 1988 MUTCD were the applicable standards at the time of design (1998), with contested whether the design complied
- Motions to dismiss were based on two potential waivers: design-standards exception and permit exception; appeal consolidates four cases against GDOT
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether design-standards exception waives immunity | Sadler argues design failed to comply with standards | GDOT contends plans complied with MUTCD and standards at time of design | No waiver; design-standards exception not satisfied |
| Whether permit exception waives immunity | Hill's view of warrants required a signal; GDOT allegedly failed to permit | No warrants; no permit duty; MUTCD governs signaling decisions | No waiver; permit exception not satisfied |
Key Cases Cited
- Reidling v. City of Gainesville, 280 Ga.App. 698, 634 S.E.2d 862 (2006) (Ga. App. 2006) (threshold immunity analysis under GA Tort Claims Act)
- Dupree v. Dep’t of Transp., 256 Ga.App. 668, 570 S.E.2d 1 (2002) (Ga. App. 2002) (design decisions; MUTCD standards; any-evidence review)
- Mikell v. Dep’t of Transp., 229 Ga.App. 54, 493 S.E.2d 219 (1997) (Ga. App. 1997) (expert testimony required for design-standard waiver)
- Daniels v. Dep’t of Transp., 222 Ga.App. 237, 474 S.E.2d 26 (1996) (Ga. App. 1996) (MUTCD admissibility and standard-of-care considerations)
- Ogles v. E.A. Mann & Co., 277 Ga.App. 22, 625 S.E.2d 425 (2005) (Ga. App. 2005) (design standards evidence required for waiver)