Field v. Lowery

Barnes, Judge.

Mark Field sued Mary Lowery for personal injuries he incurred when Lowery hit him with her car while he was walking down the road. Both parties moved for partial summary judgment, and the trial court granted Lowery’s motion, holding that OCGA § 40-6-92 requires pedestrians to walk on the shoulder of the road when no sidewalk was available. The court further held that the area where Field had been walking was not the “shoulder” of the road, and that he should have been walking on the other side of the road. For the reasons that follow, we reverse.

On appeal we review the trial…