Appeals Court Opens the Door to Reinstate Guardrail Lawsuit Against GDOT

Guardrail accidents have gained increasing public attention in recent years. A guardrail is supposed to help a vehicle absorb the impact of a collision, but in far too many cases, it is the guardrail that causes serious injury or death. As reported by ABC News in 2014, a University of Alabama study found that “a re-designed version of a widely used guardrail end terminal ‘placed motorists at a higher level of risk of both serious injury and fatality’ than the original version.” Stopanio v. Leon’s Fence and Guardrail, LLC More recently, the Georgia Court of Appeals addressed the potential legal liability of the state Department of Transportation and one of its private contractors for an allegedly defective guardrail. This tragic case began with a 2011 accident on I-75. The plaintiff was driving southbound on the highway through Valdosta. Traveling in front of the plaintiff was a second car containing her parents. Continue reading

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