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Comanche Constr. Inc. of Ga. v. Department of Transp.

DOT was entitled to immunity on plaintiff's claim that it negligently approved a detour design for a public road.

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Amanda Warnick sued Comanche Construction Inc. of Georgia “Comanche” and the Georgia Department of Transportation “DOT” for damages she allegedly sustained in an automobile wreck along a construction zone detour route. Both defendants moved for summary judgment on Warnick’s claims. Comanche also moved for summary judgment on DOT’s cross-claim against it for contribution and indemnity. The trial court subsequently denied Comanche’s motions for summary judgment. As to Warnick’s claims against DOT, however, the trial court found DOT immune from suit and thus entitled to summary judgment. Warnick did not file a Notice of Appeal relating to the trial court’s grant of summary judgment to DOT. Comanche, however, appeals that ruling, asserting that it has standing to challenge the grant of summary judgment directly because the ruling adversely impacts its claim against DOT for contribution and indemnity. Pursuant to OCGA § 5-6-34 d, Comanche also appeals the trial court’s order denying its motions for summary judgment. For reasons that follow, we affirm.

“Summary judgment is appropriate when the evidence, construed most favorably to the nonmoving party, demonstrates that no genuine issues of material fact remain and the moving party is entitled to judgment as a matter of law.”1 Viewed in this manner, the record shows that, in December 1999, Comanche entered into a contract with DOT to refurbish 34 bridges in Georgia, including a bridge on Brownwood Road in Morgan County. The contract contained numerous specifications for the project, including specifications relating to traffic control. It also required Comanche to designate a “Work Site Traffic Supervisor” to be “responsible for initiating, installing and maintaining all traffic control devices.”

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