DOT Entitled to Sovereign Immunity

Ogles v. DOT, 277 Ga. App. 22 (2005)
DOT’s Motion for Summary Judgment upheld by Georgia Supreme Court.

The Plaintiff was rendered a quadriplegic in a single car accident on a county road in Jones County. the Plaintiff sued several Defendants, including DOT and Jones County, which before the crash, had entered into a series of contracts concerning the improvements of Griswoldville Road. The shoulders of the road were badly rutted and undoubtedly contributed to the accident.

Susan Levy was retained to assist the Attorney General’s office at the summary judgment stage of the litigation and on Appeal. We filed a motion for summary judgment on the grounds that Plaintiff was not a third party beneficiary to the contract between DOT and Jones County and that DOT was entitled to sovereign immunity. The Trial Court agreed. The Plaintiff appealed to the Court of Appeals which affirmed the Trial Court’s opinion. The Plaintiff then filed a petition to the Georgia Supreme Court. Susan filed a Brief in Opposition to Plaintiff’s Petition and the Supreme Court found in DOT’s favor. Consequently, DOT was able to get out of the case on legal grounds.