City of Atlanta v. Kovalcik

Doyle, Presiding Judge.

In this interlocutory appeal, the City of Atlanta appeals from the denial of its motion for summary j udgment in a wrongful death action brought by the parents of Stephanie Kovalcik, who died in a nighttime car wreck at a newly reconfigured intersection in the City. The City contends that the trial court erred because (1) the City cannot be liable for any lighting defects in the absence of an underlying roadway defect, (2) the City had no duty to maintain the lighting, and (3) the undisputed facts show that the City had not assumed maintenance responsibility for the…