C. W. Matthews Contracting Co., Inc. v. Marasco, 74472
Decision Date | 10 September 1987 |
Docket Number | No. 74472,74472 |
Citation | 184 Ga.App. 150,361 S.E.2d 34 |
Parties | C.W. MATTHEWS CONTRACTING COMPANY, INC. v. MARASCO et al. |
Court | Georgia Court of Appeals |
William T. Gerard, Athens, for appellant.
David H. Bedingfield, Charles B. Zirkle, Jr., William A. Pannell, Atlanta, for appellees.
James and Dorothy Marasco filed an action against C.W. Matthews Contracting Company, Inc. (Matthews) to recover damages for personal injury and loss of consortium. Matthews' motion for summary judgment was denied and the trial court certified its ruling for immediate review. We granted Matthews' interlocutory appeal.
The record reveals that James Marasco (hereinafter appellee) was driving his automobile northbound on I-75. There were four northbound lanes, and appellee was traveling one lane over from the New Jersey median barrier. Appellee's eye was injured when the side view mirror of his automobile struck a "FREE THE FREEWAY" sign erected by Matthews over the median barrier wall. It is uncontradicted that the sign did not obtrude into the roadway, but that appellee was forced to drive off the roadway and onto the median shoulder of the highway to avoid collision with another vehicle, previously unseen by appellee, which suddenly encroached on the lane in which appellee was driving.
We agree with appellant that summary judgment should have been granted in its favor. Pretermitting the questions of whether the sign was negligently placed and whether placement of the sign was the proximate cause of appellee's injuries, appellant neither designed nor determined the location for or the manner of placement of the sign but instead complied with explicit directions, specifications and orders of the Georgia Department of Transportation (DOT) with respect to erection of the sign alongside the roadway. Thus, no question of fact exists concerning this issue.
It is well established that Bell & Son v. Kidd & Roberts, 5 Ga.App. 518, 520, 63 S.E. 607 (1909). A contractor for the State engaged in work on a public project is not liable for injury or damage to private property resulting from the work performed unless that damage or injury results from the contractor's negligence or wilful tort. Abercrombie v. Ledbetter-Johnson Co., 116 Ga.App. 376, 157 S.E.2d 493 (1967); C.W. Matthews Contracting Co. v. Wells, 147 Ga.App. 457, 458(2), 249 S.E.2d 281 (1978). In the case sub judice, appellant's affidavits submitted in support of its motion for summary judgment clearly establish non-negligent execution of DOT's specifications and directives with regard to the construction and placement of the sign, and acceptance by DOT of appellant's work. Nothing in the affidavits submitted by appellees in opposition to the motion for summary judgment rebuts this showing by appellant.
While the Georgia courts have recognized an exception to this rule where the work is inherently dangerous, we find no support in the record or in case law for a finding that the work here was inherently dangerous. Contrary to appellees' argument, their expert's testimony that in his opinion the sign should have been placed elsewhere is not an opinion that the placement was "inherently dangerous." Shetter v. Davis Bros., 163 Ga.App. 230, 293 S.E.2d 397 (1982) a...
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Hubbard v. Department of Transp., No. A02A0488
...work performed unless that damage or injury results from the contractor's negligence or wilful tort." C.W. Matthews Contracting Co. v. Marasco, 184 Ga.App. 150, 151, 361 S.E.2d 34 (1987). The sole exception to the rule in the case of a nonnegligent contractor is that "a contractor who is an......
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Hollis & Spann, Inc. v. Hopkins, A09A1224.
...acceptance doctrine since the undisputed evidence established that its performance was not negligent); C.W. Matthews Contracting Co. v. Marasco, 184 Ga.App. 150, 361 S.E.2d 34 (1987) 2. A genuine issue of material fact also existed as to whether the constructed ramp was so negligently defec......
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Savage v. E.R. Snell Contractor, Inc.
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