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FRAKER v. C.W. MATTHEWS CONTRACTING CO.

Nos. A04A1622, A04A1623.

614 S.E.2d 94 (2005)

272 Ga. App. 807

FRAKER v. C.W. MATTHEWS CONTRACTING COMPANY, INC. et al. Gaumer v. C.W. Matthews Contracting Company, Inc. et al.

Court of Appeals of Georgia.

Reconsideration Denied April 14, 2005.

Attorney(s) appearing for the Case

Steven J. Kyle, John H. Peavy, Jr., William J. Orr, Bovis, Kyle & Burch, Atlanta, for Fraker.

Moore, Ingram, Johnson & Steele, William R. Johnson, Alexander T. Galloway III, John L. Skelton, Jr., Roy E. Barnes, John H. Ross, Marietta, Shivers & Associates, Larry G. Cobb, Atlanta, for C.W. Matthews Contracting Company, Inc. et al.

Harper, Waldon & Craig, John B. Craig, Anne W. Garliss, Matt Shade, Atlanta, for Gaumer.

Smith, Currie & Hancock, Robert C. Chambers, amicus curiae.

PHIPPS, Judge.

On December 23, 1995, a vehicle driven by Jerry Fraker was involved in a multiple-vehicle collision on the ramp merging from Georgia 400 South onto Interstate 285 East. Fraker thereafter exited his car and was struck by a vehicle. The ramp was within an ongoing construction project. In 1993, the Georgia Department of Transportation (the DOT) entered into a contract with C.W. Matthews Contracting Company, Inc. and Shepherd Construction Company, Inc....

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