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Karwacki v. Georgia Dep't of Transportation11/8/2005
ks "is exactly what [one would] see" when a vehicle moves off and then reenters the road. And both Hill and Robert Roberts testified that the severe drop-off Bond encountered when she left the east-side roadway caused her to lose control of the car.
DOT asserts that, in reaching their conclusions, the Karwackis' experts assumed that Bond's car created the gouge in the roadway. It further argues that, since the uncontradicted direct evidence establishes that no gouge existed immediately after the wreck, that assumption - and any reliance on the opinion evidence - "must fail." Again, however, Hill offered expert testimony that, given the physical evidence, Bond's car did create the gouge, contradicting DOT's direct evidence. And perhaps more importantly, Hill testified that the pattern of tire marks on the road - not the gouge - showed that Bond's car dropped off the east roadway. Even without reference to the gouge, therefore, the expert testimony raises a question of fact as to causation.
The Karwackis' opinion evidence contradicts DOT's proof that Bond's car never left the road on the east side. Accordingly, despite Trooper Kidd's testimony and Ranger Ruger's scene photographs, the Karwackis presented sufficient probative evidence of causation, precluding summary judgment.
Judgment reversed. Johnson, P. J., and Barnes, J., concur.
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