Hubbard v. Department of Transportation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• affirming partial summary judgment in favor of the defendant as to the plaintiff’s negligence claim asserted under OCGA § 51-1-6 because the statutory duties identified by the plaintiff were not mandatory
• affirming partial summary judgment in favor of the defendant as to the plaintiff’s negligence claim asserted under OCGA § 51-1-6 because the statutory duties identified by the plaintiff were not mandatory
• evidence that contractor made suggestions to the DOT did not show that the DOT relinquished control of design to contractor
• contractor that is not responsible for design of construction project does not take on design responsibility simply by suggesting modifications to plans to bring them within contract specifications
• “[N]egligence USCA11 Case: 21-10892 Date Filed: 02/07/2022 Page: 4 of 4 4 Opinion of the Court 21-10892 per se arises when a statute or ordinance is violated.”
• appellate court need not address the merits of a cross-appeal citing as error the denial of a motion for summary judgment where the entry of judgment in favor of the cross-appellant was affirmed in the main appeal

Source: CourtListener parenthetical corpus (CC0).