Coweta County v. Adams

I must respectfully dissent, because McDaniel v. Southern R. Co., 130 Ga. App. 324, 325-326 (4) (203 SE2d 260) (1973), clearly controls the extent of the county’s responsibility for the maintenance of structures adjoining the public roadway. To hold otherwise will radically change the established law of Georgia governing such structures and impose a consumer products liability analysis which is inappropriate *872in this instance.5

The facts of McDaniel are virtually identical to those presented here: a driver left the roadway and was impaled by an allegedly defective railing on a bridge approach.…