Fraker v. DOT

Fraker v. DOT, Superior Court of Fulton County
Civil Action File No. 2003CV71188
Defense Verdict: October, 2006.

Two were injured and one killed after a series of collisions in a Georgia DOT work zone on the ramp from Georgia 400 southbound to I-285 eastbound back in 1995. Plaintiff, a 56 year old man at the time, had medical expenses in excess of $1,000,000. He sued DOT alleging negligent design and maintenance of the work zone, specifically, that the collisions were caused by confusing striping, lack of lighting in the construction zone, and the lack of warning signs. Plaintiff’s best evidence were photographs taken by the Fulton County Police Department, which showed striping that had been ground out by the contractors, and approved by DOT, but were clearly visible in the photographs.

DOT argued that the signing complied with the Manual on Uniform Traffic Control Devices. Additionally, our employees and an expert we hired from Pennsylvania were able to educate the jury on grinding procedures and the reality of “shadow” lines or “ghost” lines in a construction zone. Finally, we argued that the crash was caused by the negligence of the drivers involved. The jury found in favor of DOT.

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