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Werner Enter. Inc. v. Lambdin

The trial court erred in failing to grant summary judgment to the defendants in the plaintiff's negligence claim because the plaintiff pointed to no specific evidence of defendants' negligence.

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In this automobile accident case, Werner Enterprises, Inc. and David Bates “the Werner defendants” appeal from the trial court’s denial of their motion for summary judgment on Alice Lambdin’s negligence claim. We granted the Werner defendants’ application for interlocutory review. Because summary judgment is appropriate here, we reverse. Summary judgment is appropriate when there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law. OCGA § 9-11-56 c. On appeal from the grant or denial of summary judgment, we apply a de novo standard of review, and view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991; Matjoulis v. Integon Gen. Ins. Corp. , 226 Ga. App. 459 1 486 SE2d 684 1997.

So viewed, the evidence showed that Lambdin was driving on a section of Interstate 75 that was undergoing construction. It was early morning and still dark outside. Lambdin was traveling in the far left lane which had no shoulder as a result of the construction. A tractor-trailer driven by Bates was traveling in the lane to the right of Lambdin, and a witness, Christopher Wright, was traveling immediately behind Lambdin. Wright deposed that Lambdin’s two driver’s side tires “dropped off the side of the road” to the left where there was only six to seven inches of pavement. He slowed down to give Lambdin time to return to the roadway. Lambdin then overcorrected and abruptly came across her own lane of traffic and into the next lane to the right where her vehicle struck Bates’s tractor-trailer. Wright stated that Bates did nothing to cause the collision.

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