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DEPARTMENT OF TRANSP. v. CARR

Nos. A01A2446, A01A2447.

564 S.E.2d 14 (2002)

254 Ga. App. 781

DEPARTMENT OF TRANSPORTATION v. CARR. Department of Transportation, v. Jenkins et al.

Court of Appeals of Georgia.

Reconsideration Denied April 9, 2002.

Attorney(s) appearing for the Case

Thurbert E. Baker, Atty. Gen., Kathleen M. Pacious, Deputy Atty. Gen., Loretta L. Pinkston, Senior Asst. Atty. Gen., Robert C. Edwards, Asst. Atty. Gen., for appellant.

Watkins, Lourie & Roll, Joseph W. Watkins, Lance D. Lourie, Atlanta, for appellee (case no. A01A2446).

Moore & Moore, Willis N. Moore, for appellees (case no. A01A2447).

RUFFIN, Judge.

These appeals arise out of a fatal automobile wreck that occurred on the South Dalton Bypass (the "Bypass") in Whitfield County. The surviving relatives sued the Georgia Department of Transportation ("DOT"), alleging that the wreck was caused by DOT's negligent maintenance of the Bypass. DOT moved to dismiss the complaints, arguing that the Bypass was a county road and that it was protected by sovereign immunity. The trial court denied DOT's motions...

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