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Estate of Mack Pitts v. City of Atlanta

The Court reversed the grant of summary judgment to the construction companies and the denial of summary judgment to the estate, since the deceased worker was an intended third-party beneficiary of promises the construction companies made to the city to obtain certain automobile liability insurance coverage and to ensure that their subcontractors did as well.

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This case returns to us from the Supreme Court of Georgia. It is an appeal from the trial court’s rulings on cross-motions for summary judgment in a case brought by the estate and the minor children of Mack Pitts collectively, “the Estate” against the City of Atlanta “the City” and against two joint ventures “the construction companies”—

one comprised of Holder Construction Company, Manhattan Construction Company, C. D. Moody Construction Company, Inc., and Hunt Construction Company, Inc. “the General Contractor” and the other comprised of Archer Western Contractors, Ltd. and Capital Contracting, Inc. “the Subcontractor”.1 The Estate alleged that Pitts, who was killed in an accident while working on the construction of the international terminal at Atlanta’s Hartsfield-Jackson International Airport, was an intended beneficiary of promises within contracts among the City, the General Contractor, and several tiers of subcontractors including the defendant Subcontractor, requiring the contractors and subcontractors to obtain certain levels of automobile liability insurance coverage and to require their subcontractors to do the same. The Estate alleged that the defendants had breached these promises. It also alleged that the City had breached a separate duty to ensure that all contractors and subcontractors maintained the required insurance.

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