Georgia roads pose a serious danger to pedestrians attempting to cross the street. This danger is compounded when it is dark outside or in conditions with low visibility. In a recently decided case, the Georgia Court of Appeals reversed a lower court’s ruling in favor of the plaintiff in a fatal auto-pedestrian accident case. As a result of the appellate ruling, the plaintiff will not have the chance to recover damages from the death of her spouse.
According to the court’s opinion, the plaintiff sued the defendant after he struck and killed her husband in an early morning auto-pedestrian collision. Evidently, the decedent was hit while he was crossing a poorly lit road, over a mile from the nearest crosswalk. Using the testimony of an expert witness, the plaintiff argued in her complaint that the defendant, who was driving to work at the time of the crash, was negligent in failing to see the pedestrian, and therefore liable for damages related to his death. Before trial, the defendant filed a motion for summary judgment with the court, arguing that there was no legal basis to find he was negligent. The defendant’s motion was denied by the court, which resulted in the recently decided appeal.
According to the Georgia Court of Appeals, a valid negligence claim must establish four elements: (1) a legal duty to conform to a standard of conduct raised by law for the protection of others against unreasonable risk of harm; (2) a breach of this standard; (3) a legally attributable causal connection between the conduct and the resulting injury; and (4) loss or damage to plaintiff’s legally protected interest resulting from the breach. On appeal, the defendant argued that the plaintiff’s complaint failed to meet the first element of a negligence claim.