Southerland v. Dalton Paving & Construction, Inc.

McMurray, Presiding Judge.

On December 9, 1985, defendant Dalton Paving and Construction, Inc. (“Dalton Paving”) was involved in a construction project of re-surfacing and widening a stretch of Highway 53 in Gordon County. The work was being done on alternate sides of the roadway. One side of the roadway was left open for use by traffic which was regulated by defendant Dalton Paving’s flagmen and a pilot vehicle.

At approximately 2:15 p.m. on December 9, 1985, a number of west bound vehicles were stopped, waiting for traffic from the opposite direction to clear so that they could proceed across…