KARWACKI v. GEORGIA DEPT. OF TRANSP.

No. A05A1186.

624 S.E.2d 171 (2005)

276 Ga. App. 628

KARWACKI et al. v. GEORGIA DEPARTMENT OF TRANSPORTATION.

Court of Appeals of Georgia.

Reconsideration Denied December 5, 2005.


Attorney(s) appearing for the Case

Phillips & Kitchings, Richard Phillips, Ludowici, James R. Coppage, Brunswick, for appellants.

Thurbert E. Baker, Attorney General, Reagan W. Dean, Claude M. Sitton, Assistant Attorneys General, for appellee.


RUFFIN, Chief Judge.

On February 1, 1996, 15-year-old Jessica Lynn Karwacki was killed when a car in which she was a passenger collided with a tree. Claiming that the roadway was negligently inspected and maintained, Jessica's parents, David and Laura Karwacki, sued the Georgia Department of Transportation ("DOT") for her wrongful death. DOT subsequently moved for summary judgment, and the trial court granted the motion. For reasons that follow, we reverse.

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