Seeking damages for injuries suffered by Amanda Ogles in a single-car accident on a county road in Jones County, Ogles and others brought this action against numerous defendants, including E.A. Mann & Co. Mann and the Georgia Department of Transportation DOT. Before the accident, DOT and Jones County had entered into a series of contracts collectively “the contract” concerning the improvement of a county road known as Griswoldville Road. DOT agreed to provide funding for the improvements, and Jones County agreed to perform the work and labor under DOT’s direct supervision. Jones County contracted out the grading, drainage, base, priming, surface treatment, and paving to various subcontractors, a number of whom once were or remain defendants in this action. Jones County was also named as a defendant.1 To the extent that the complaint alleged breach of contract, the trial court granted summary judgment to DOT on the ground that Ogles was not a party to or a third-party beneficiary of the contract. The trial court also dismissed claims of negligent inspection and design on the ground that those claims are barred by the Georgia Tort Claims Act. In addition, the court dismissed claims of negligent maintenance, concluding that Jones County was responsible for maintaining the road before, during, and after construction. Summary judgment was also granted to Mann. The trial court concluded that Mann’s work had been accepted before the accident occurred. In Case No. A05A1413, Ogles appeals from the portion of the order granting summary judgment to Mann. In Case No. A05A1414, Ogles appeals from the portion of the order granting DOT’s motions to partially dismiss and for summary judgment. For the reasons that follow, we affirm the rulings of the trial court.
A05A1413
