In two cases based on claims of alleged negligent road construction by Oxford Construction Company “Oxford”, Francesca and Kenneth Bragg, on behalf of themselves, their minor daughter, and their stillborn child, appeal from the trial court’s grant of summary judgment to Oxford, an independent contractor working for Dougherty County. The Braggs contend that the trial court erred in ruling that their claims against Oxford failed because their injuries occurred after Oxford’s road work was completed and accepted by the County. As the two cases involve substantially the same issues, we have consolidated them for review, and, for the reasons that follow, we affirm in both cases.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. OCGA § 9-11-56 c. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. Matjoulis v. Integon Gen. Ins. Corp .1 So viewed, the record shows that in April 2004, Francesca, who was approximately seven-months pregnant, was driving with her minor daughter in the car. It was raining heavily, and, without warning, an approaching car spun into Francesca’s lane, where the two cars collided, killing the other driver and injuring Francesca and her daughter. After they were both taken to the hospital, Francesca’s unborn child was delivered stillborn later that evening.
Seven months prior, in August and September 2003, pursuant to a contract awarded by Dougherty County, Oxford had undertaken and completed spot leveling work to correct prior sinking in the section of road where the collision occurred. Alleging that Oxford’s work was negligent and caused rainwater to pool in the road on which the oncoming driver hydroplaned, the Braggs sued Oxford for damages arising from the collision. Following discovery, Oxford moved for summary judgment, which the trial court granted based on the acceptance doctrine, giving rise to this appeal. The long-established acceptance doctrine provides that where the work of an independent contractor is completed, turned over to, and accepted by the owner, the contractor is not liable to third persons for damages or injuries subsequently suffered by reason of the condition of the work, even though he was negligent in carrying out the contract, at least, if the defect is not hidden but readily observable on reasonable inspection. Unless the work performed by the contractor falls within an exception to the doctrine, when the work is finished by the contractor and accepted by his employer, the liability of the contractor generally ceases and the employer becomes answerable for damages which may thereafter accrue from the defective conditions of the work.Citation and punctuation omitted. Smith v. Dabbs-Williams Gen. Contractors .2 See Young v. Smith & Kelly Co ;3 Clive v. Gregory 4 whole court applying acceptance doctrine.
