Price v. Wright Contracting Co., 73729

• Decision Date: 24 June 1987
• Docket Number: No. 73729,73729
• Citation: 359 S.E.2d 406,183 Ga.App. 595
• Parties: PRICE v. WRIGHT CONTRACTING COMPANY.
• Court: Georgia Court of Appeals

Page 406

359 S.E.2d 406

183 Ga.App. 595

PRICE v. WRIGHT CONTRACTING COMPANY.

No. 73729.

Court of Appeals of Georgia.

June 24, 1987.

Rehearing Denied July 9, 1987.

Certiorari Denied Sept. 8, 1987.

Terry J. Marlowe, Hilliard P. Burt, Albany, for appellant.

Mark A. Gonnerman, Albany, for appellee.

BEASLEY, Judge.

This is the third appearance in this Court of this suit for personal injuries sustained by Hattie Price in a multi-vehicle collision on a bridge approach in Albany. See Price v. Reeves Constr. Co., 181 Ga.App. 241, 351 S.E.2d 655 (1986); and Price v. Dept. of Transp., 182 Ga.App. 353, 356 S.E.2d 45 (1987). The present appeal is from the grant of summary judgment to Wright Contracting Company, which paved the roadway and installed the guardrail, curb, gutter, and drainage systems. Plaintiff alleged Wright was jointly negligent with other defendants in the construction and maintenance of the road in an extremely hazardous condition causing her injuries and damage.

The complaint alleged that in the area where Price's vehicle left the road its condition was extremely hazardous because of the absence of guardrails or other obstructions to prevent vehicles from leaving the road and going down the steep fill on which the bridge approach was situated. Plaintiff's supplemental and amended complaint further maintained that the driver of the vehicle which struck her automobile head-on lost control of his vehicle after going over a drop-off from the bridge to the road; that the vehicle then crossed through pooled water that was in a depressed area in the road, preventing the driver from regaining control; that the drop-off from the concrete bridge and the depressed area where the water pooled were caused by Wright's failure to adequately and properly perform the drainage work under its contract with the Georgia Department of Transportation; that the drop-off and depressed area existed from the time Wright completed its work until the collision; that Wright failed to adequately and properly perform the paving, drainage, and guardrail work so as to prevent the drop-off and/or to prevent water from pooling and/or to protect vehicles from descending the steep embankment.

In support of a motion for summary judgment, Wright submitted the affidavit of its assistant division manager at the time of the paving. He stated that Wright had contracted with DOT to perform the grading, paving, curb, gutter and guardrail work for the bridge approach but had no responsibility for placement of the fill for the approach; that Wright did not design any aspect of the bridge approach including the guardrail and did not have any input into the design of any aspect of the approach, as all design work including the plans and specifications for the project had been completed prior to solicitation of bids and was performed by engineers employed by DOT; that the company's sole responsibility on the project was to construct the bridge approach including the guardrail consistent with those plans and specifications; that Wright was not permitted to deviate in any respect from them and DOT inspected to insure no deviation; that the plans and specifications did not call for installation of median barriers or similar devices but did call for installation of approximately 800 feet of guardrail and four guardrail anchorages, which Wright constructed and placed accordingly; that there was absolutely nothing dangerous about its installation; that following final acceptance of the project the absence of median barriers and the amount, location, and construction of the guardrail could be readily observed by anyone using the approach; that Wright had absolutely no discretion in regard to construction, location or placement of the guardrail or the absence of median barriers; that Wright performed in exact accord with the contract with DOT; that following completion of Wright's work, DOT conducted a final construction inspection and accepted the company's work; that Wright has had no further involvement in the design, construction or maintenance of the bridge approach including the guardrail following DOT acceptance; that Wright is a general contractor specializing in the construction of roads, bridges, airports and the grading and filling of land, but that the company has no expertise in the design of highways, roads, guardrails, median barriers or similar devices; and that by virtue of its experience in road construction at the time of letting bids for the project and performance of the job, employees of Wright were familiar with the use or lack of use of median barriers and installation of guardrail and anchorage on state highway projects such as this one and that the absence of median barriers and the amount of guardrail, its location and construction as specified in the project plans were consistent with the same on other similar highway projects...