City of Atlanta v. Metropolitan Atlanta Rapid Transit Authority

McMurray, Presiding Judge.

This appeal arose after Patricia Babin Bauer was killed when the vehicle she was operating on a three-laned portion of DeKalb Avenue in the City of Atlanta (“Atlanta”) collided head-on with a passenger bus operated by Metropolitan Atlanta Rapid Transit Authority (“MARTA”). The decedent’s estate and members of her family (“the Bauers”) filed a complaint against MARTA and its bus driver, Warren Gould, for negligence and against Atlanta for nuisance. MARTA and Gould cross-claim for contribution, alleging that Atlanta created and maintained a nuisance which contributed…