Demarco v. State of Ga. Dep't of Transp.

The trial court properly granted summary judgment to the Department of Transportation in this personal injury action since the plaintiff did not present evidence establishing that the department's alleged negligent design of the roadway was the proximate cause of the car accident.

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Phillip and Patricia DeMarco filed suit against the Georgia Department of Transportation “GDOT” for personal injuries that Mr. DeMarco sustained in a car accident.1 The DeMarcos alleged that GDOT negligently designed and maintained the roadway where the accident occurred by failing to provide adequate drainage, and that the accident was caused by water that had accumulated on the road. GDOT moved for summary judgment, arguing that there was no evidence that the roadway was negligently designed or maintained, and that there was no evidence of causation since there was no evidence of pooling or standing water. The trial court granted GDOT’s motion. On appeal, the DeMarcos contend that the trial court erred in granting summary judgment to GDOT since the evidence presented genuine issues of material fact as to GDOT’s negligent design and maintenance. The DeMarcos also contend that factual issues remain regarding proximate causation. For the following reasons, we affirm.

“Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. On appeal from a trial court’s grant of summary judgment, we review the evidence de novo and in a light most favorable to the nonmoving party.” Footnotes omitted. Stevens v. Dept. of Transp., 256 Ga. App. 656 572 SE2d 1 2002.

Demarco v. State of Ga. Dep't of Transp.

The trial court properly granted summary judgment to the Department of Transportation in this personal injury action since the plaintiff did not present evidence establishing that the department's alleged negligent design of the roadway was the proximate cause of the car accident.

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