This appeal arises out of the trial court’s order granting summary judgment to the City of Atlanta the city in a negligence and nuisance action brought by plaintiff Janetta Thompson. Because Thompson failed to point to a triable issue of fact on either claim, we affirm the judgment of the trial court. Thompson brought this action for personal injuries, wrongful death, and negligent infliction of emotional distress against the city and United Water Services Unlimited Atlanta LLC United. She alleged in her complaint that on the evening of November 25, 1999, the vehicle she was driving hydroplaned on a “large body of water covering the” roadway in “the area of the intersection of Perry Boulevard and Habershal Drive” the intersection and struck several trees. Thompson’s infant son died as a result of head injuries he received. Thompson alleged that the defendants negligently constructed or maintained the intersection and knew or should have known about the dangerous condition of that intersection. Thompson dismissed United without prejudice. In an amended complaint Thompson later added a nuisance claim, alleging that the city “is responsible for the maintenance of and design for the drainage system in the area of Habershal Drive and Perry Boulevard, including the design of storm sewers and their relationship with the roadway.” She alleged further that “during rain events the intersection . . . ponds with water because the city’s maintenance and design of the drainage system in the area is inadequate.”
The trial court granted summary judgment to the city on Thompson’s negligence claims on the ground that the city was protected by governmental immunity. The court further concluded that Thompson failed to show that the city had notice of any condition creating a nuisance and granted summary judgment to the city on that claim as well. Thompson appeals.
