Department of Transportation v. Bishop

Blackburn, Judge.

This is an appeal from the denial of the Georgia Department of Transportation’s (DOT) motion for summary judgment in a wrongful death action.

The appellees, Lynn Hill Bishop and Donnie Hill (the Hills), the surviving parents of Judith Hill, filed the instant action against the DOT pursuant to the Georgia Tort Claims Act. A DOT engineer approved the construction of a brick decorative wall on top of an existing concrete retaining wall at the intersection of State Route 20 and Horseleg Creek Road in Floyd County. On April 20, 1991, the brick wall allegedly obstructed the…