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Greene v. Georgia Dept. of Transp.

The plaintiff sped through three sets of Road Closed barricades at a speed of 65-75 mph in a 45-mph zone, before rounding a curve and colliding with a bank of excavated dirt in the middle of the road.

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After being injured in a traffic accident at a highway construction site, Herbert L. Greene sued the Georgia Department of Transportation “DOT”, alleging that it negligently operated and maintained the roadway. The DOT moved for summary judgment, and the trial court granted the motion. For reasons that follow, we affirm. Summary judgment is appropriate when no genuine issue of material fact remains and the moving party is entitled to judgment as a matter of law.1 We review the trial court’s summary judgment ruling de novo, construing the evidence and all reasonable inferences in favor of the non-moving party.2

So viewed, the record shows that Greene is a Wilkinson County Sheriff’s Deputy. Sometime after midnight on May 25, 2003, Greene was dispatched from the Sheriff’s Office to a hotel located several miles away on Georgia State Route 29. Greene proceeded to Route 29 and turned onto the highway at some point south of the hotel.

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