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Bennett v. Department of Transp.; Johnson v. Department of Transp.

The trial court properly granted summary judgment to the Department of Transportation on the plaintiffs' claims alleging that the negligent design, maintenance, and failure to provide proper traffic control devices at an intersection proximately caused the personal injuries they sustained in a car accident.

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Janice Bennett and Denise Johnson brought these actions against the Georgia Department of Transportation “GDOT” for personal injuries that they sustained in a car accident. Bennett and Johnson both alleged that the accident was proximately caused by GDOT’s negligent design, maintenance, and failure to provide proper traffic control devices at the intersection where the accident occurred. GDOT filed identical motions for summary judgment in each case, arguing that there was no evidence establishing that GDOT’s alleged negligence was the proximate cause of the accident. The trial court granted GDOT’s motions. Bennett and Johnson appeal, contending that the grant of summary judgment was erroneous since the evidence presented a genuine issue of material fact for the jury as to the proximate causation issue. We discern no error and 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.

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