Notable Cases
Defense Verdict for GDOT in South Georgia Smoke and Fog Case
In Salem v. the Georgia Department of Transportation, the Plaintiff sued for a catastrophic brain injury he sustained in an automobile collision which occurred just outside of Jesup, Georgia.
Salem v. The Georgia Department of Transportation; Superior Court of Wayne County
Civil Action File No. 06CV0271
Defense Verdict: June, 2016
In Salem v. The Georgia Department of Transportation, the Plaintiff sued for a catastrophic brain injury he sustained in an automobile collision that occurred just outside of Jesup, Georgia. Specifically, Plaintiff contended that the DOT and its employees breached their duty of care by failing to follow the DOT’s own policies and procedures detailing the specific protocol to follow when a smoke and/or fog hazard existed on a state highway. In response, Levy Pruett Cullen successfully argued that DOT properly responded to the smoke/fog on the roadway and that the crash was caused by the negligence of the drivers.
On June 24, 2016, after a five-day trial, the jury returned a defense verdict. The Plaintiff appealed the issue of whether summary judgment was properly granted to one of the GDOT individual Defendants. The Court of Appeals affirmed the trial court’s decision on April 17, 2018, and the defense verdict stands.
Directed Verdict for Georgia DOT in Flooding Case
Plaintiffs alleged their property was damaged due to flooding of a nearby creek after DOT negligently designed the Pearl Nix Parkway Extension in Gainesville, Georgia.
Reidling v. DOT, State Court of Hall County
Civil Action File No. 03CV2359C
Directed Verdict: December, 2007
The Plaintiffs alleged their property was damaged due to flooding of a nearby creek after The Georgia DOT negligently designed the Pearl Nix Parkway Extension in Gainesville, Georgia. Specifically, the Plaintiffs argued that (1) the DOT failed to provide for the disposal of the excess fill dirt in the original design plans; (2) the DOT negligently approved the contractor’s placing the waste pit adjacent to the Project in an alleged flood plain; and (3) that the construction of the Pearl Nix Parkway Extension and the creation of the waste pit resulted in an increase in storm water run-off during moderate and heavy rains, thereby forcing Flat Creek to swell beyond its banks and flood the Plaintiffs’ property.
Prior to trial, on motions for summary judgment, we were able to narrow the issue to just the question of negligent design. At trial, after Plaintiffs presented 3 ½ days of testimony and rested their case, we moved for a directed verdict and won. The Judge found that Plaintiffs had been given the opportunity and still failed to produce enough evidence of negligent design to go to the jury. The Judge directed that a verdict be entered in favor of DOT.