Georgia Supreme Court hearing appeal in fatal Macon accident

The Georgia Supreme Court is set to hear an appeal this week involving a fatal Macon accident from nearly 11 years ago.

On May 5, 2005, Larry Bowen Jr. was working for Reeves Construction Co. on a widening project at the intersection of Eisenhower Parkway and Log Cabin Drive, according to a court summary.

About 11:20 p.m., Bowen was knocked down by a car driving through the intersection, and he died on the scene after another car ran him over.

Bowen's mother, Mary Wyche, filed suit against the Georgia Department of Transportation two years later, alleging negligence by the department in "failing to provide appropriate signage and lighting at the intersection where Bowen was killed; in failing to inspect for such safety procedures; and in failing to ensure that a proper traffic control plan had been approved and enforced based on agreements made with subcontractors."

After a series of legal actions, the Georgia Court of Appeals dismissed the case, saying those conditions were due to the actions of independent contractors.

Wyche's attorneys, Russell and Wendy Boston, believe that interpretation was incorrect.

"They assert that according to the contract and federal regulations, the department's engineers are responsible for the effective administration of safety and traffic controls," according to the court summary.

The state's high court is scheduled to hear that and other cases beginning at 10 a.m. Tuesday.

This story was originally published January 18, 2016 at 8:24 PM with the headline "Georgia Supreme Court hearing appeal in fatal Macon accident ."