On April 10, 2009, Rutherford & Christie attorneys Carrie Christie and Andrea E. Dobur obtained summary judgment in the U.S. District Court, Northern District of Georgia, in favor of Comanche Construction Company.

The plaintiff, a local university police officer, was involved in a car accident in a construction zone on Interstate-85 in Atlanta. According to the contract with the DOT, Comanche could close lanes and shoulders along the interstate from 9 a.m. on Sundays to 12:00 p.m. on Thursdays.

At the time of the accident, Comanche was pouring the deck of the bridge and a subcontractor was grooving the road and using water to limit the amount of construction dust. The DOT Inspector testified that he inspected the signage at least four times that day, and Comanche was in compliance. The plaintiff hydroplaned, striking the car in front of her, and ultimately being struck by a car behind her.

The plaintiff contended that water Comanche allowed to flow into the roadway caused the accident, exposing her to additional risks that were not contemplated in the construction zone.

The Court found that the accident occurred well within the contracted hours for lane closure and the signage in the zone was compliant with the DOT approved plan. The Court also held that the plaintiff failed to demonstrate what duty Comanche owed her with respect to the amount of water on the roadway and how Comanche had breached that duty.