DOT Dismissed from Wrongful Death Case

Greer v. DOT, et al.; Superior Court of Hall County
Civil Action File No. 01-CV-77-B
June 20, 2003

Plaintiff sued for the wrongful death of her son who was struck by a vehicle as he crossed the state route in front of his home. Plaintiff alleged that DOT was responsible because construction caused the traffic to back-up, and that the traffic cue impeded the visibility of the driver who struck her son.

We filed a Motion for Summary Judgment on behalf of DOT on the grounds that nothing DOT did or did not do was the proximate cause of the child’s death. The Court agreed and dismissed DOT from the case.