Department of Transp. v. Dupree

The Georgia Department of Transportation appeals from a judgment in a negligent design malpractice wrongful death action entered upon a jury verdict against it and in favor of Carolyn W. Dupree, Administratrix of the Estate of Betty N. Lamb, and for Samuel Lamb, husband of the deceased. Finding no merit to the appeal, we affirm.

At approximately 7:20 p. m. on November 25, 1996, a cloudy and overcast night, at the intersection of State Route 14 and High Point Road in Union City, Betty Lamb, a pedestrian, attempted to cross SR 14 Roosevelt Highway, U.S. 29 going from East to West; when she was near the western curb of the five lane highway, Mrs. Lamb was struck and killed by a motorist going South in the West curb lane. SR 14 is 62 feet wide at this point and had been widened from 24 feet. The sight distance from the North to South at the intersection was between 250 and 320 feet. Generally accepted design and engineering standards recommend a sight distance of 550 feet for an intersection where approaching speed is 45 miles per hour. SR 14 runs in a North-South direction, and the motorist was driving at 45 miles per hour South, a car length behind a van, and both were in the same lane. Immediately before the intersection, the van suddenly swerved to the South bound inside lane without signaling. Mrs. Lamb was wearing dark blue slacks and jacket and black boots. There was no marked crosswalks at the intersection. The ambient light enshadowed but did not illuminate Mrs. Lamb. The motorist never saw Mrs. Lamb prior to striking her.