Staci Leanna Barnard “Staci” was killed on September 7, 2006, when she was ejected from her vehicle after it allegedly hydroplaned on Amboy-Rebecca Road “the Road”. There was evidence that the Road was flooded following a heavy rain. Staci’s mother, Cindy Barnard, individually and as administratrix of Staci’s estate, brought a wrongful death action against Turner County and Turner County Road Superintendent J. B. Newell, alleging that the defendants negligently failed to maintain the ditches adjacent to the Road, which caused it to flood. The defendants moved for summary judgment, contending that suit against the county was barred by sovereign immunity and that suit against Newell was barred by official immunity. The trial court granted the motion, and Barnard appeals. We affirm as to the county but reverse as to Newell. In order to prevail on a motion for summary judgment under OCGA § 9-11-56, the moving party must show that there exists no genuine issue of material fact, and that the undisputed facts, viewed in the light most favorable to the nonmoving party, demand judgment as a matter of law. Moreover, on appeal from the denial or grant of summary judgment the appellate court is to 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.1 So viewed, the record shows that at the site of the accident, there are ditches on both sides of the Road that are within the county’s right of way, and the county road department is required to maintain the ditches to provide a path for water to drain. However, the ditches were not functioning properly on the date of the accident. They were filled with dirt that had washed down from an elevated field located adjacent to the Road. There is evidence that the ditches had not been cleaned out for several years prior to the accident. James Williford testified by affidavit that he leased farmland adjacent to the accident site; that several years earlier, he had observed water accumulating in the Road; that the ditches on the north side of the Road stayed full of dirt, which caused the water to run across the Road; that he never observed anyone cleaning out the ditches; and that prior to the accident, the ditches were level with the road.
David Goff, whose home is located on the Road, testified by affidavit that prior to the accident, the ditches on the east and west ends of the creek near the accident site were full of dirt, so that when it rained, water flowed across the Road; that he complained to a county commissioner on at least two occasions about the conditions of the ditches and suggested that they be cleaned out; and that the ditches were not cleaned out until after the accident.
