Intersection collision: Dangerous intersection: Failure to yield right-of-way: Wrongful death: Settlement

Law Reporter, Dec 1998

Stokes v. Department of Transp., Ga., Athens-Clarke County Super. Ct., No. SU-96-CV-0039G, Feb. 6, 1998.

Stokes was driving with her 8-year-old grandson as a passenger. As she attempted to turn left at an intersection, she drove directly into Maddox's vehicle. Stokes's grandson suffered fatal injuries in the crash. He is survived by his parents.

The parents, individually and on behalf of their son's estate, sued the state department of transportation (DOT), alleging the intersection was dangerous because ( 1 ) it was an "at grade" intersection, in which streets cross, instead of a "separated grade" intersection, where traffic does not come into conflict because one street becomes a bridge or an underpass; (2) the left-turn lane was located directly next to the oncoming through traffic lane, rather than being moved over into a median to provide better visibility; (3) the traffic signal permitted drivers to turn left on green even after the green arrow was no longer illuminated; and (4) a large advance guidance sign made it difficult for motorists to see the signal.

Plaintiffs claimed that between 1990 and 1995, there had been more than 35 collisions at the intersection and that the county signal manager had sent the DOT letters about the intersection's deficiencies.

Plaintiffs also sued Stokes, alleging failure to yield the right-of-way.

Suit against Maddox alleged he had negligently attempted to beat a yellow light.

The DOT contended the sole cause of the accident was Stokes's failure to yield the right-of-way or Maddox's attempt to beat the light, or a combination of both. The DOT also contended that Stokes and Maddox were familiar with the intersection and its traffic controls because of their long, regular use of the intersection.

The parties settled before trial for $315,000. The DOT paid $250,000, Maddox paid $50,000, and Stokes contributed the rest.

Plaintiffs' engineering expert was Herman Hill, Douglasville, Ga. Defendants' engineering expert was Archie Burnham, Atlanta, Ga.

Plaintiffs' Counsel:

*William C. Lanham, Atlanta, Ga.

*Clark H. McGehee, Atlanta, Ga.

*Howard T. Scott, Athens, Ga.