Court Grants Summary Judgment in a Wrongful Death Action.
Ashley Case et. al v. Arcadis U.S. Inc.
WWHGD trial team, Ross Ginsberg and Amber Tuggle, obtained summary judgment in a wrongful death case in Clayton County. Plaintiffs contended that the client was responsible for the death of a construction worker on a roadway improvement project. Plaintiffs contended that the client was required to be present during construction but was not and, as a result, failed to correct the contractor’s negligent traffic control measures.
WWHGD argued, and the Court agreed, that assuming the client’s contract with the Department of Transportation required the client to be present on site at the time of the incident, the failure to be present was at most a breach of contract that did not support a third party tort claim. Finding an absence of legal duty to the plaintiffs, the Court granted summary judgment.
