In this wrongful death action, appellants-plaintiffs Jerry Houston, as the administrator of the estate of Tami Michelle Houston, Jerry Houston and Cathy Gassett individually and as the surviving parents of Tami Michelle Houston appeal from the order of the Bartow County Superior Court granting appellee-defendant Raymond Bedgood, M.D., summary judgment upon the Houstons’ claims against him. These were claims for medical malpractice, negligence, and negligence per se arising out Dr. Bedgood’s issuance of a Department of Transportation “DOT” Medical Examiner’s Certificate certifying Edward Stoker as physically fit to drive a commercial, over-the-road tractor-trailer pursuant to the federal motor carrier safety statute and regulation, 49 USC § § 31101 et seq. and 49 CFR § 391.1 et seq. The Houstons contend that summary judgment for Dr. Bedgood was error for the superior court’s finding that Dr. Bedgood had no duty of care to non-patient decedent Houston under the federal motor carrier safety regulation. Alternatively, the Houstons contend that the superior court erred in finding no duty of care to decedent Houston because: a special relationship existed between Dr. Bedgood and Stoker in which Dr. Bedgood exercised control over Stoker as a physician; a special relationship existed between Dr. Bedgood and the decedent as a member of the motoring public; or Dr. Bedgood owed the decedent a duty of care upon Dram Shop Act analysis. The standards applicable to motions for summary judgment are announced in Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991. When ruling on a motion for summary judgment, the opposing party should be given the benefit of all reasonable doubt, and the court should construe the evidence and all inferences and conclusions therefrom most favorably toward the party opposing the motion. Moore v. Goldome Credit Corp. , 187 Ga. App. 594, 596 370 SE2d 843 1988. Further, this court conducts a de novo review of the law and the evidence. Desai v. Silver Dollar City , 229 Ga. App. 160, 163 493 SE2d 540 1997. Clark v. Cauthen , 239 Ga. App. 226, 227 1 520 SE2d 477 1999. So viewing the evidence, the accident which gives rise to this action occurred on I-75 South in Bartow County at 9:34 a.m., July 13, 2000. A tractor-trailer, owned by Bryant Transportation, Inc. and driven by its employee, Stoker, yawed to left out of I-75 North; crossed over the grassy median area; continued into the southbound lanes of I-75; and collided with decedent’s vehicle and that of Marda Morelli, killing both. Stoker died in the accident as well, his death certificate indicating that he probably died suddenly before the accident as a result of pre-existing coronary heart disease. Stoker was then under the care of two physicians, his personal physician, Dr. Bedgood who had first seen him on February 17, 1998, and Marvin L. Mills, M. D., the cardiologist who first saw him after he suffered a heart attack on July 19, 1998.
After an arterial blockage was found following the heart attack, an angioplasty procedure was performed and a stent installed. On April 18, 2000, Dr. Mills saw Stoker for a check-up following an earlier post-heart attack visit and found Stoker’s organic heart disease fully compensated. On the same date, Stoker was also examined by Dr. Bedgood who issued a DOT Medical Examiner’s Certificate certifying that Stoker was physically fit to operate a commercial vehicle pursuant to the federal motor carrier safety statute and regulation as without any “current” heart problems. Pat Callahan, Bryant’s Director of Safety, certified Stoker to drive for Bryant after receiving such medical examiner’s certificate. Held :
