GEORGIA DEPT. OF TRANSP. v. SMITH

Nos. A11A1579, A11A1580, A11A2017, A11A2089.

724 S.E.2d 430 (2012)

314 Ga. App. 412

GEORGIA DEPARTMENT OF TRANSPORTATION, v. SMITH et al. Smith et al. v. Georgia Department of Transportation.

Court of Appeals of Georgia.

February 29, 2012.


Attorney(s) appearing for the Case

Samuel S. Olens , Atty. Gen., Robert Lee Bunner , Asst. Atty. Gen., Kathleen M. Pacious , Dep. Atty. Gen., Loretta L. Pinkston , Sr. Asst. Atty. Gen., for Georgia Department of Transportation.

Johnson & Ward, Clark H. McGehee , William C. Lanham , for Smith et al.


MIKELL, Presiding Judge.

Ernest F. Smith, Sr., and his wife, Irene D. Smith, lost their lives from injuries they sustained after a large oak tree fell on their vehicle as they were driving on State Route 154. Ernest F. Smith, Jr., and Robert M. Smith (the Smiths), individually and as co-executors of their parents' estates, brought the underlying wrongful death actions against the Georgia Department of Transportation (DOT), alleging that the tree in question was hazardous...

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