These interlocutory appeals arise out of an action by Pamela and Ronnie Owens, individually and as parents and personal representative of the Estate of Christopher Rondale Owens “Owens”, Ryan Montgomery, and Scottie Joseph Thibodaux “Appellees” against C.W. Matthews Contracting Company, Inc. “CW Matthews”, the Georgia Department of Transportation “GDOT”, and other defendants asserting claims of negligence and wrongful death arising out of a collision at a construction site along Interstate 75/85 “I-75/85″ in Atlanta in which Owens was killed and Montgomery and Thibodaux suffered severe injuries. In Case No. A14A1487, CW Matthews appeals from the trial court’s order denying its motion for reconsideration of the trial court’s prior order denying in large part CW Matthews’ motion for summary judgment, which had argued, among other things, that Appellees could not establish proximate causation.1 CW Matthews also appeals from the trial court’s orders denying motions to exclude testimony of two of Appellees’ experts. In Case No. A14A1486, GDOT appeals from the trial court’s order denying its motion to dismiss based on sovereign immunity and the same orders at issue in Case No. A14A1487 denying the motions to exclude expert testimony. In Case No. A14A1487, we affirm the trial court’s order denying summary judgment, concluding that proximate causation is a question of fact. In Case No. A14A1486, we affirm in part and reverse in part the trial court’s order denying GDOT’s motion to dismiss, concluding that GDOT is entitled to immunity from claims relating to approval of traffic control plans for the construction site and on-site inspection of CW Matthews’ traffic control activities. In both cases, we affirm the trial court’s order denying the parties’ motion to exclude Jeffrey Kidd’s testimony but affirm in part and vacate in part its order on the motion to exclude Ruston Hunt’s testimony.
In an appeal from the denial of a motion for summary judgment, we conduct a de novo review of the evidence to determine whether there exists a genuine issue of material fact, and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. Benton v. Benton, 280 Ga. 468, 470 629 SE2d 204 2006. So viewed, the record shows that Owens, Thibodaux and Montgomery, all members of the U.S. Army stationed at Fort Benning, drove to Atlanta in a rented Jeep Patriot to spend the weekend of May 14, 2010 there and celebrate with one of their friends, Aleyda Amaya, who was being relocated. Montgomery testified that when they went out in Atlanta on the evening of May 15, 2010, Owens was the designated driver because he was not the “party” type . Owens, Thibodaux and Montgomery met Amaya and others at the nightclub Esso. One of Amaya’s friends saw Owens with a drink in his hand at the nightclub but testified that he did not look intoxicated at any point that evening. Owens, Thibodaux, Montgomery and their friends left Esso between 2:00 and 3:00 a.m. Amaya’s friend testified that the group planned to meet at a Waffle House but that Owens, Thibodaux and Montgomery were going to make one stop first.
