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Williams v. Georgia Dep't of Transportation8/11/2005
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Williams's argument that the language is vague is without merit. The date on which she learned of the ante litem notice requirement is unrelated to the date on which she discovered her loss. Since "loss" is defined as "personal injury " (see OCGA ยง 50-21-22 (3)), Williams's affidavit confirming she was admitted to the hospital on the same day as the accident undisputably demonstrates that she "discovered" her loss on March 2, 2002. When she gained actual knowledge of the ante litem notice requirement is simply irrelevant to this inquiry. Cf. Clark v. Bd. of Regents of the Univ. System of Ga. (not learning of claim against State until after 12 months had run does not excuse failure to send timely ante litem notice within 12 months of injury). We discern no vagueness in the statutory language.
3. Regarding the summary judgment granted to Riverdale, the evidence was undisputed that Riverdale had completed its resurfacing by May 26, 2000, and that on May 26, 2000, DOT accepted the work and resumed normal control over the roadway, with no additional work being performed by Riverdale. Williams acknowledges the long-established Georgia doctrine that where the work of an independent contractor is completed, turned over to, and accepted by the owner, the contractor is not liable to third persons for damages or injuries subsequently suffered by reason of the condition of the work, even though he was negligent in carrying out the contract, at least, if the defect is not hidden but readily observable on reasonable inspection.
(Punctuation omitted.) Price v. Wright Contracting Co. Williams argues that some evidence showed that the defect here was hidden and that the court therefore erred in entering summary judgment.
In her complaint and in the expert affidavit she submitted, Williams and the expert maintain that the defect in the roadway was that the drop-off onto the shoulder was excessive in that the drop-off exceeded two inches (two inches is the acceptable standard). It was this excessive drop-off that she claims caused her to lose control of her vehicle. Williams, in her brief opposing summary judgment (and in her appellate brief), claims, without citation to evidence, that the defect was "hidden" in that the drop-off was less than two inches and therefore not readily apparent. If the drop-off were less than two inches, then there was no negligence. If the drop-off were greater than two inches, then it was readily apparent and the DOT's acceptance of the completed work would preclude Williams's action against Riverdale. Either way, summary judgment was appropriate against Williams.
Judgment affirmed. Miller and Adams, JJ., concur.
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