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Karwacki v. Georgia Dep't of Transp.

The plaintiffs presented probative evidence that a 7.5-inch drop-off on the highway shoulder caused the accident, which resulted in their daughter's death.

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On February 1, 1996, 15-year old Jessica Lynn Karwacki was killed when a car in which she was a passenger collided with a tree. Claiming that the roadway was negligently inspected and maintained, Jessica’s parents, David and Laura Karwacki, sued the Georgia Department of Transportation “DOT” for her wrongful death. DOT subsequently moved for summary judgment, and the trial court granted the motion. For reasons that follow, we reverse. Summary judgment is appropriate when no genuine issues of material fact remain and the movant is entitled to judgment as a matter of law.1 On appeal, we review a trial court’s grant of summary judgment de novo, construing the evidence and all reasonable inferences in a light most favorable to the nonmovant.2

Viewed in this manner, the evidence shows that, on the day of the collision, Amanda Bond drove Jessica and another friend, Jennifer Wallace, home from school. While traveling north on Georgia Highway 251, Bond lost control of her car and crashed into a tree. Both Jessica and Jennifer were killed.

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