Watson v. Marshall

Birdsong, Presiding Judge.

The trial court denied summary judgment to defendant Department of Transportation (DOT) in James D. and Robin Ann Marshall’s suit for damages arising when another driver drove the wrong way on 1-85 in Troup County and collided with their vehicle. We granted this interlocutory appeal.

The collision occurred in heavy fog. Agnes Greathouse was on her way to work on 1-85 and missed her usual exit. She decided to go to the next exit, and cross over 1-85 and go back, but the next exit was Exit 5 which merges into 1-185 southbound. She testified in deposition that she had…