Department of Transportation v. Dalton Paving & Construction, Inc.

Eldridge, Judge.

Appellant, the Georgia Department of Transportation (“DOT”), challenges a jury verdict for appellee, Dalton Paving & Construction (“Dalton Paving”), in a highway construction contract dispute. In asserting 27 enumerations of error, DOT attempted to have this Court reexamine every aspect of this case, from the admissibility of evidence and the failure to give certain jury charges to the weight of evidence presented and the credibility of witnesses. Although this Court refuses to invade the province of the trial court and the jury by retrying the case in its entirety, we must,…