Smail v. Douglas County, A93A2210
| Decision Date | 26 October 1993 |
| Docket Number | No. A93A2210,A93A2210 |
| Citation | 437 S.E.2d 824,210 Ga.App. 830 |
| Parties | SMAIL v. DOUGLAS COUNTY, GEORGIA. |
| Court | Georgia Court of Appeals |
Harltey, Rowe & Fowler, Joseph H. Fowler, Douglasville, for appellant.
Michael J. Bowers, Atty. Gen., Cathy A. Cox-Brakefield, Asst. Atty. Gen., Sullivan, Hall, Booth & Smith, Jack G. Slover, Jr., Jeffrey T. Wise, Atlanta, Jennings B. Garbade, Douglasville, for appellee.
Appellant, Michael Smail, appeals the trial court's award of summary judgment to Douglas County, Georgia, acting by and through the Douglas County Board of Commissioners (the county). The underlying wrongful death action arose out of an incident, on August 25, 1990, in which defendants Eric Prince and Eric Waugh 1 dropped a large rock from the North County Line Bridge onto Michael Smail's vehicle which was traveling on Interstate 20. The rock passed through the windshield above the passenger's seat, crushing appellant's wife, Judy Smail, to death.
On June 28, 1990, the Douglas County Sheriff's Department received three reports of incidents involving rocks or other debris being thrown off the North County Line Bridge onto vehicles traveling on Interstate 20. On August 5, 1990, the Douglas County Sheriff's Department received an additional report regarding the same type of incident and on August 25, 1990, two reports were received, including the Smails' incident report. Smail contends that the county is responsible for the death of his wife because the county had knowledge of the previous incidents and did nothing to prevent such incidents. Specifically, Smail argues that the county allowed a continuing nuisance to be maintained which caused the death of his wife. The county contends that the Georgia Department of Transportation (DOT) designed, constructed, and maintained the bridge and that the DOT was responsible for repairs, alterations, or modifications of the bridge. 2 Furthermore, the county asserts that it did increase police patrols in the area of the bridge.
In order to establish a nuisance, as opposed to mere negligence, Smail must show: (Citations and punctuation omitted.) Denson v. City of Atlanta, 202 Ga.App. 325, 327, 414 S.E.2d 312 (1991). ...
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