Department of Transportation v. Carr

Ruffin, Judge.

These appeals arise out of a fatal automobile wreck that occurred on the South Dalton Bypass (the “Bypass”) in Whitfield County. The surviving relatives sued the Georgia Department of Transportation (“DOT”), alleging that the wreck was caused by DOT’s negligent maintenance of the Bypass. DOT moved to dismiss the complaints, arguing that the Bypass was a county road and that it was protected by sovereign immunity. The trial court denied DOT’s motions, but certified the orders for immediate review. We granted DOT’s applications for interlocutory appeal, and for reasons that…