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Department of Transp. v. Cox

The DOT is exempt from liability for failing to upgrade an intersection built according to generally accepted engineering and design standards.

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We granted the Georgia Department of Transportation “DOT” an interlocutory appeal in both of these cases to review whether the trial court erred in denying its motions for summary judgment. On February 15, 1996, Elizabeth Cox, the driver of an automobile, and her passenger Michael Cameron, were injured when they were struck by a driver who failed to yield while turning left into a commercial driveway off Highway 34 in Newnan, Georgia. Cox and Cameron argue that the configuration of the 4-lane, divided highway at the commercial driveway contributed to the accident. They present identical negligent road design and permitting claims which DOT argues are barred by statutory exceptions to the Georgia Tort Claims Act, OCGA § 50-21-20 et seq. Because these appeals arise from the same incident and involve the same facts and principles of law, we consolidate them. For the reasons which follow, we find that DOT is immune from Cox’s and Cameron’s claims and is entitled to summary judgment. Consequently, we must reverse the trial court’s orders.

In reviewing the grant or denial of summary judgment, we apply a de novo standard of review. Goring v. Martinez, 224 Ga. App. 137, 138 2 479 SE2d 432 1996. Further,

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