McGarr v. Gilmore

Beasley, Chief Judge.

After Gilmore fell from a highway overpass, he sued the corporate roadway contractors, the Georgia Department of Transportation (“DOT”), and ten employees of DOT, three of whom were McGarr, Lowman, and Mailhot (“employees”). He alleged that the individual and corporate defendants1 were negligent in “not placing or causing to be placed a warning or protective device of some kind to warn of and/or prevent this type of foreseeable tragedy from occurring.” The complaint also alleged that the affidavit of a professional expert was unavailable for contemporaneous filing but…