Department of Transportation v. Taunton

Smith, Judge.

John Daniel Taunton died from injuries he sustained in an automobile collision on April 11, 1993. Appellee Raymond Taunton filed a complaint for the wrongful death of his son on December 1, 1993. Appellant Georgia Department of Transportation (“DOT”) filed its answer, which included several defenses. Taunton subsequently filed a motion to strike three of the DOT’s defenses, which were based on the expert affidavit requirement, OCGA § 9-11-9.1, exceptions to the *233Georgia Tort Claims Act, OCGA § 50-21-20 et seq., and the “public duty doctrine,” respectively. The motion was granted…