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Jobling v. Shelton

The manager of the county road maintenance division was entitled to both sovereign and official immunity in the plaintiffs' action arising out of their daughter's death in an automobile accident as a result of ice accumulation on a roadway.

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Deborah and William Jobling, as surviving parents and as administrators of the Estate of Karli Jobling the Joblings, appeal the trial court’s October 13, 2014 order granting the Motion to Dismiss and/or Motion for Summary Judgment filed by Bill Shelton in their action asserting claims arising out of the 2011 death of their daughter, Karli, in an automobile accident. Finding that the Joblings’ claims are barred by sovereign and official immunity, we affirm.

The Joblings’ complaint asserts that their daughter was killed at approximately 7:07 p.m. on January 14, 2011, when the car in which she was riding lost traction on ice that had accumulated on Stilesboro Road in Cobb County the County and collided with another car the Accident. Viewed in the light most favorable to the Joblings,1 the evidence shows that at the pertinent time, Shelton served as road maintenance division manager with the Cobb County Department of Transportation CDOT. In that position, Shelton supervised county bridge and guardrail crews, heavy equipment operators, right-of-way crews, asphalt crews, concrete crews, drainage crews, and an administrative assistant. One of Shelton’s duties was to oversee county operations in addressing weather-related hazards on county roads as they were brought to his attention. When Shelton received a report of a road hazard, such as ice, he contacted a crew supervisor, who, in turn, dispatched a crew to address the problem within a reasonable amount of time.

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