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Georgia Dept. of Transp. v. Baldwin

The trial court did not abuse its discretion in allowing the plaintiff's expert to opine on the issue of whether a DOT foreman should have detected a downed stop sign during an inspection, since knowledge of the DOT's policies, training and inspection procedures was beyond the average juror's ken.

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In Case No. A08A1463, the Georgia Department of Transportation DOT appeals from a judgment in favor of Theodore Baldwin in a wrongful death action he filed on behalf of himself, his minor child, and his deceased wife’s estate. DOT contends that the trial court erred by 1 failing to rule on its pretrial motion to exclude certain expert witness testimony, 2 admitting expert witness testimony as to the standard of care applicable to DOT’s highway inspections, 3 admitting the expert witness’s conclusion as to DOT’s highway inspection, 4 asking the expert witness a hypothetical question, 5 admitting expert testimony as to an ultimate fact issue, 6 allowing Baldwin to testify as to his memory of his wife’s income, 7 improperly admitting expert witness testimony based on secondary evidence, and 8 admitting certain expert testimony as to the value of the deceased wife’s household services. Discerning no reversible error, we affirm the judgment in that appeal. In a cross-appeal, Case No. A08A1464, Baldwin appeals the dismissal of his wrongful death claim based on the loss of his unborn child, arguing that the ante litem notice of his wrongful death claim for his wife’s death was sufficient ante litem notice of a wrongful death claim based on his unborn child. Because Baldwin’s ante litem notice failed to adequately state the nature of his loss, we affirm the trial court’s ruling in that appeal.

A08A1463

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