Patricia Rachels, individually, and as mother and next friend to Winston C. Rachels, Jr., her deceased minor son, appeals from the trial court’s grant of summary judgment to Walter Thompson, the owner of land adjacent to the intersection where Rachels, Jr. died following an automobile accident. Rachels alleged that the overgrowth on Thompson’s lot obscured the view of her son and caused the accident.To prevail at summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a genuine jury issue on at least one essential element of plaintiff’s case.Punctuation omitted. Jackson v. City of Hahira , 244 Ga. App. 322-323 535 SE2d 327 2000, citing Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991. Viewed with all inferences in favor of Rachels, the evidence here was that, around midnight on July 4, 2003, Rachels, Jr. was driving his truck northbound on Kent Rock Road, approaching Emmitt Steel Road. There is a stop sign on Kent Rock Road at its intersection with Emmitt Steel Road, but no stop sign on Emmitt Steel Road. Around this same time, Ashley Grant was traveling westbound on Emmitt Steel Road in a Jeep. Grant did not see Rachels’s truck until immediately prior to the accident. The truck and Jeep collided, with the right front side of the truck meeting the left front side of the Jeep. According to Trooper Cuendet, who investigated the accident, Rachels, Jr.’s front wheels were turning left at the time of the accident. There were no skid marks from the Jeep after the accident, indicating that Grant did not see the truck until the collision.
As part of his investigation, Trooper Cuendet placed a portable light in the westbound lane of Emmitt Steel Road just right of the center line 20 yards from the intersection with Kent Rock Road, indicating the Jeep’s direction of travel. He then walked back to Kent Rock Road, stood opposite the stop sign, looked back toward the light and took a picture. According to Trooper Cuendet, a driver at the stop sign on Kent Rock Road looking to his right up Emmitt Steel Road had adequate visibility. In his opinion, Rachels, Jr. failed to yield at the intersection and, had he survived, he would have been cited for this violation.1 Further, in Trooper Cuendet’s opinion, line of sight was not an issue in the accident.
