Dep't of Transp. v. Brown, 471 S.E.2d 849 (Ga. 1996). · Go Syfert
Dep't of Transp. v. Brown, 471 S.E.2d 849 (Ga. 1996). Cases Citing This Book View Copy Cite
“whether to buy copier paper from a particular vendor, and in which colors, are decisions that might be affected by all three factors, but they are not policy decisions.”
207 citation events (103 in the last 25 years) across 6 distinct courts.
Strongest positive: Ed Sivak v. Georgia Department of Natural Resources (gactapp, 2024-03-13)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 43 distinct citers.
examined Cited as authority (quoted) Ed Sivak v. Georgia Department of Natural Resources (3×) also: Cited as authority (rule), Cited "see"
Ga. Ct. App. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
whether to buy copier paper from a particular vendor, and in which colors, are decisions that might be affected by all three factors, but they are not policy decisions.
cited Cited as authority (rule) Georgia Bone & Joint Surgeons, P.C. v. Keel
Ga. · 2026 · confidence medium
DOT v. Brown, 267 Ga. 6, 8 (1996) (quotation marks omitted).
cited Cited as authority (rule) Georgia Bone & Joint Surgeons, P.C. v. Keel
Ga. · 2026 · confidence medium
DOT v. Brown, 267 Ga. 6, 8 (1996) (quotation marks omitted).
discussed Cited as authority (rule) CYNTHIA J. MUNRO v. GEORGIA DEPARTMENT OF TRANSPORTATION
Ga. Ct. App. · 2023 · confidence medium
The Munros argue that the trial court erred in dismissing their negligent-design claim to the extent it was based on the DOT’s breach of its duty to warn motorists 10 through the installation of “appropriate signage, speed breakers, warning devices, including flashing caution lights or other warning signage.” “Where and whether to install traffic [control devices] were design decisions.” Dept. of Transp. v. Brown, 267 Ga. 6, 7 (1) ( 471 SE2d 849 ) (1996).
examined Cited as authority (rule) Board of Trustees of Georgia Military College v. Rose O'Donnell (3×)
Ga. Ct. App. · 2019 · confidence medium
As the Supreme Court of Georgia has indicated, “for the discretionary function exception to apply, it must be shown that a state officer or employee was afforded discretion with respect to the conduct that is alleged to amount to a tort, that an exercise of the discretion afforded amounts to “a policy judgment based upon a consideration of social, political, or economic factors.” (Citation and punctuation omitted.) Spruill, 294 Ga. at 106 (2); see also Edwards v. Dept. of Children & Youth Svcs., 271 Ga. 890, 892 ( 525 SE2d 83 ) (2000) (expanding the exception to social, political and eco…
examined Cited as authority (rule) Georgia Department of Human Services v. Spruill (3×) also: Cited "see"
Ga. · 2013 · confidence medium
For instance, “[wjhether to buy copier paper from a particular vendor, and in which colors, are decisions that might be affected by all three factors, but they are not policy decisions.” Brown, 267 Ga. at 7 (1).
examined Cited as authority (rule) Hagan v. Georgia Department of Transportation (3×)
Ga. Ct. App. · 2013 · confidence medium
Dept. of Transp. v. Brown, 267 Ga. 6, 7 (1) ( 471 SE2d 849 ) (1996). 4 Thus, for the exception to apply, the discretionary function or duty must be one that requires a state officer or employee to exercise his or her policy judgment in choosing among alternate courses of actions based upon the applicable factors.
examined Cited as authority (rule) City of Ila, Georgia v. Bobby L. Hagan (4×)
Ga. Ct. App. · 2013 · confidence medium
Dept. of Transp. v. Brown, 267 Ga. 6, 7 (1) ( 471 SE2d 849 6 (1996).4 Thus, for the exception to apply, the discretionary function or duty must be one that requires a state officer or employee to exercise his or her policy judgment in choosing among alternate courses of actions based upon the applicable factors.
discussed Cited as authority (rule) Georgia Department of Transportation v. Miller
Ga. Ct. App. · 2009 · confidence medium
Blackburn, B J., and Adams, J., concur. 1 OCGA § 50-21-24 (2). 2 See ALEA London Ltd. v. Woodcock, 286 Ga. App. 572, 576 (2) ( 649 SE2d 740 ) (2007). 3 OCGA § 50-21-23 (a). 4 (Emphasis supplied.) 5 (Emphasis supplied.) OCGA § 50-21-22 (2). 6 See Bruton v. Dept. of Human Resources, 235 Ga. App. 291, 294 ( 509 SE2d 363 ) (1998). 7 (Punctuation omitted.) Brantley v. Dept. of Human Resources, 271 Ga. 679, 680 ( 523 SE2d 571 ) (1999). 8 Compare Lewis v. Ga. Dept. of Human Resources, 255 Ga. App. 805, 810-811 ( 567 SE2d 65 ) (2002) (holding that exercising judgment in whether to bring a regulator…
examined Cited as authority (rule) Georgia Department of Transportation v. Heller (5×)
Ga. · 2009 · confidence medium
Dept. of Transp. v. Brown, 267 Ga. 6, 8 (2), 471 S.E.2d 849 (1996).
discussed Cited as authority (rule) Hamilton-King v. HNTB Georgia, Inc.
Ga. Ct. App. · 2009 · confidence medium
Partnership v. Dept. of Transp., 286 Ga. App. 546 (1) (a) ( 650 SE2d 277 ) (2007) (trial court’s determination on qualification of expert witness reviewed for abuse of discretion). 3 The phrase “which are or will be admitted into evidence at the hearing or trial” was called into question by Mason v. Home Depot, U. S. A., 283 Ga. 271, 275-276 (2) ( 658 SE2d 603 ) (2008). 4 OCGA § 24-9-67.1 (b). 5 Ga. Dept. of Transp. v. Baldwin, 292 Ga. App. 816, 818 (2) ( 665 SE2d 898 ) (2008) (citation and punctuation omitted). 6 See Woodland, supra at 547 (1) (a). 7 Brady v. Elevator Specialists, 287 …
discussed Cited as authority (rule) Southerland v. Georgia Department of Corrections
Ga. Ct. App. · 2008 · confidence medium
See Daley v. Clark, 282 Ga. App. 235, 236-237 (1) ( 638 SE2d 376 ) (2006) (explaining evolution of doctrine). 18 See Jordan, supra; Dept. of Transp. v. Brown, 267 Ga. 6, 8 (3) ( 471 SE2d 849 ) (1996). 19 Coley, supra at 394 (1), n. 9, citing State Bd. of Ed. v. Drury, 263 Ga. 429, 430 (1) ( 437 SE2d 290 ) (1993), and Dollar v. Dalton Public Schools, 233 Ga. App. 827, 830 (3) (b) ( 505 SE2d 789 ) (1998).
cited Cited as authority (rule) Gregory v. Clive
Ga. · 2007 · confidence medium
Dept. of Transp. v. Brown, 267 Ga. 6, 8-9 (3) ( 471 SE2d 849 ) (1996).
discussed Cited as authority (rule) Daley v. Clark
Ga. Ct. App. · 2006 · confidence medium
Blackburn, P. J., and Adams, J., concur. 1 See OCGA § 35-1-7: “A law enforcement officer shall not be liable at law for any action or actions done while performing any duty at the scene of an emergency except for gross negligence, willful or wanton misconduct, or malfeasance.” 2 263 Ga. 26 ( 426 SE2d 861 ) (1993). 3 Id. at 27-28 (1). 4 (Citation and punctuation omitted.) Id. at 28, n. 3 . 5 267 Ga. 655 ( 482 SE2d 370 ) (1997). 6 See also Dept. of Transp. v. Brown, 267 Ga. 6, 8-9 (3) ( 471 SE2d 849 ) (1996) (limiting application of Jordan to the provision of police services). 7 Hamilton, s…
cited Cited as authority (rule) Clive v. Gregory
Ga. Ct. App. · 2006 · confidence medium
Dept. of Transp. v. Brown, 267 Ga. 6, 8-9 (3) ( 471 SE2d 849 ) (1996).
cited Cited as authority (rule) Steele v. Georgia Department of Transportation
Ga. Ct. App. · 2005 · confidence medium
Dept. of Transp. v. Brown, 267 Ga. 6, 7-8 ( 471 SE2d 849 ) (1996); Dept. of Transp. v. Mikell, 229 Ga. App. 54, 57-58 ( 493 SE2d 219 ) (1997).
discussed Cited as authority (rule) Govea v. City of Norcross
Ga. Ct. App. · 2004 · confidence medium
Membership Corp. v. Webb, 246 Ga. App. 316, 318 (540SE2d271) (2000). 27 See Division 6, infra. 28 See Ontario, supra. 29 See generally Munroe v. Universal Health Svcs., 277 Ga. 861, 862-863 (1) (596SE2d604) (2004). 30 See generally Harper v. City of East Point, 237 Ga. App. 375, 376-378 (2) ( 515 SE2d 623 ) (1999) (employing municipality knew or should have known of its police officer’s tendency to sexually assault another person, where the officer had heen involved with three sexually inappropriate encounters with female citizens; also, because police officers wield enormous power and encou…
discussed Cited as authority (rule) Messerschmidt v. City of Sioux City
Iowa · 2002 · confidence medium
Corp., 6 P.3d 250, 261 (Alaska 2000) (decision whether to install highway guardrails is immune); Dep’t of Transp. v. Brown, 267 Ga. 6, 471 S.E.2d 849, 851 (1996) (decision whether to build a road is immune, whereas decision to open an intersection and whether to open it without traffic lights is not immune); Metier v. Cooper Transp.
examined Cited as authority (rule) Department of Transportation v. Dupree (3×) also: Cited "see"
Ga. Ct. App. · 2002 · confidence medium
When to open the intersection, and whether to open it without traffic lights are operational decisions, and the decision to use stop signs ... for the cross-road was a design decision.” Dept. of Transp. v. Brown, supra, 267 Ga. at 7 (1).
discussed Cited as authority (rule) Hubbard v. Department of Transportation
Ga. Ct. App. · 2002 · confidence medium
This Court has recognized that “[t]he MUTCD is not ‘the exclusive source of engineering and design standards’ especially as to permissive and advisory instructions.” Dep t. of Transp. v. Mikell, 229 Ga. App. 54, 58 (1) (a) ( 493 SE2d 219 ) (1997), citing Dept. of Transp. v. Brown, 267 Ga. 6, 8 (2) ( 471 SE2d 849 ) (1996).
discussed Cited as authority (rule) Lewis v. Department of Human Resources
Ga. Ct. App. · 2002 · confidence medium
Skelly, for appellee. 1 Dept. of Transp. v. Bishop, 216 Ga. App. 57, 58 (1) ( 453 SE2d 478 ) (1995). 2 Project Control Svcs. v. Reynolds, 247 Ga. App. 889, 891 (1) ( 545 SE2d 593 ) (2001). 3 Colvin v. United States of America, 153 Ga. App. 874, 875 ( 267 SE2d 297 ) (1980). 4 Ridley v. Johns, 274 Ga. 241 ( 552 SE2d 853 ) (2001). 5 Ga. Ports Auth. v. Harris, 274 Ga. 146, 149 (2) ( 549 SE2d 95 ) (2001). 6 Bacon v. Mayor &c. of Savannah, 241 Ga. App. 211, 212-213 ( 525 SE2d 115 ) (1999). 7 Magueur v. Dept. of Transp., 248 Ga. App. 575, 577 ( 547 SE2d 304 ) (2001). 8 Brown v. District Court &c., 23…
discussed Cited as authority (rule) Department of Human Resources v. Coley (2×)
Ga. Ct. App. · 2000 · confidence medium
Rather, the public duty doctrine simply defines the scope of a governmental entity’s duty to provide police protection to individual citizens, Dept. of Transp. v. Brown, 267 Ga. 6, 8 (3) ( 471 SE2d 849 ) (1996), and provides that liability generally can exist only where there is a “special relationship between the injured party and the alleged governmental tortfeasor.” City of Rome, supra at 28 (1).
cited Cited as authority (rule) Department of Transportation v. Cushway
Ga. Ct. App. · 2000 · confidence medium
Dept. of Transp. v. Brown, 267 Ga. 6, 7-8 ( 471 SE2d 849 ) (1996); Dept. of Transp. v. Mikell, 229 Ga. App. 54, 56-60 ( 493 SE2d 219 ) (1997).
cited Cited as authority (rule) Murray v. Department of Transportation
Ga. Ct. App. · 1999 · confidence medium
The DOT presented a similar argument involving the competence of expert testimony in Dept. of Transp. v. Brown, 267 Ga. 6, 7-8 (2) ( 471 SE2d 849 ) (1996).
discussed Cited as authority (rule) Rowe v. State Board of Pardons & Parole
Ga. Ct. App. · 1999 · confidence medium
Rowe points to Dept. of Transp. v. Brown, 267 Ga. 6, 7 (1) ( 471 SE2d 849 ) (1996), for the proposition that “the discretionary function exception is limited to basic governmental policy decisions.” In Brown , the Court found that operational and design decisions by the DOT were not policy decisions which would entitle the DOT to immunity under the discretionary function exception to the Georgia Tort Claims Act.
examined Cited as authority (rule) Lennen v. Department of Transportation (3×) also: Cited "see"
Ga. Ct. App. · 1999 · confidence medium
Dept. of Transp. v. Brown, 267 Ga. 6, 7 (1) ( 471 SE2d 849 ).
discussed Cited as authority (rule) Howard v. City of Columbus (2×)
Ga. Ct. App. · 1999 · confidence medium
“The scope of the discretionary function exception urged by [the dissent], which would include any decision affected by ‘social, political, or economic factors,’ is so broad as to make the exception swallow the waiver.” Dept. of Transp. v. Brown, 267 Ga. 6, 7 (1) ( 471 SE2d 849 ) (1996); accord Dept. of Transp. v. Brown, 218 Ga. App. 178, 180-182 (2) ( 460 SE2d 812 ) (1995).
discussed Cited as authority (rule) Harper v. City of East Point
Ga. Ct. App. · 1999 · confidence medium
Safety, 221 Ga. App. 844, 845 (1) ( 473 SE2d 537 ) (1996). 13 Dept. of Transp. v. Brown, 267 Ga. 6, 7 (1) ( 471 SE2d 849 ) (1996). 14 See, e.g., Bontwell v. Dept. of Corrections, 226 Ga. App. 524, 527 (4) (a) ( 486 SE2d 917 ) (1997) (physical precedent only) (“the operation of a state or county correctional institute ... including the degree of training and supervision to be provided over its officers, is a discretionary governmental function”) (emphasis in original); Holsey v. Hind, 189 Ga. App. 656, 657 (1) ( 377 SE2d 200 ) (1988) (“[n]o one, for example, would seriously contend that a…
cited Cited as authority (rule) Rowe v. Coffey
Ga. · 1999 · confidence medium
Dept. of Transp. v. Brown, supra at 8.
discussed Cited as authority (rule) Coffey v. Brooks County (2×)
Ga. Ct. App. · 1998 · confidence medium
The public duty doctrine, however, has been limited in application to situations involving the duty owed by a governmental entity "to provide police protection to individual citizens." Dept. of Transp. v. Brown, 267 Ga. 6, 8 (3), 471 S.E.2d 849 ; accord Hamilton v. Cannon, 267 Ga. 655, 656 (1), 482 S.E.2d 370 .
discussed Cited as authority (rule) Ballenger Paving Co. v. Gaines
Ga. Ct. App. · 1998 · confidence medium
McMurray, P. J, and Smith, J., concur. 1 OCGA § 9-11-50 (a). 2 Hutcheson v. Daniels, 224 Ga. App. 560 ( 481 SE2d 567 ) (1997); see Dept. of Transp. v. Blair, 220 Ga. App. 342, 343 (1) ( 469 SE2d 446 ) (1996). 3 See Brown v. Atlanta Gas Light Co., 96 Ga. App. 771, 777 (2) ( 101 SE2d 603 ) (1957) (“ A contractor constructing a road or bridge owes a duty to the public to exercise ordinary care to protect it from injuries arising by reason of such construction’ ”). 4 OCGA § 32-6-50 (a); Dept. of Transp. v. Brown, 267 Ga. 6, 8 (2) ( 471 SE2d 849 ) (1996) (MUTCD is generally recognized sourc…
discussed Cited as authority (rule) Vance v. T. R. C. (2×)
Ga. Ct. App. · 1997 · confidence medium
See Hamilton v. Cannon, 267 Ga. 655, 656 (1), 482 S.E.2d 370 (1997); Dept. of Transp. v. Brown, 267 Ga. 6, 8-9 (3), 471 S.E.2d 849 (1996).
cited Cited as authority (rule) Department of Transportation v. Mikell
Ga. Ct. App. · 1997 · confidence medium
Moreover, “[wjhere and whether to install traffic [devices] were design decisions.” Dept. of Transp. v. Brown, 267 Ga. 6, 7 (1) ( 471 SE2d 849 ) (1996).
discussed Cited as authority (rule) Bontwell v. Department of Corrections (2×)
Ga. Ct. App. · 1997 · confidence medium
The case sub judice is controlled by the holdings in Dept. of Transp. v. Brown, 267 Ga. 6, 7 (1) ( 471 SE2d 849 ); Merrow v. Hawkins, 266 Ga. 390, 391-392 ( 467 SE2d 336 ); Gilbert v. Richardson, 264 Ga. 744, 745 (1), 746 ( 452 SE2d 476 ); Donaldson v. Dept. of Transp., 262 Ga. 49, 53 (3) ( 414 SE2d 638 ); Amdahl Corp. v. Dept. of Admin.
examined Cited "see" Six Flags Over Georgia II, Lp v. Joshua L. Martin (4×)
Ga. Ct. App. · 2015 · signal: see · confidence high
See Dept. of Transp. v. Brown, 267 Ga. 6, 8-9 ( 471 SE2d 849 ) (1996); Ga. Const. of 1983, Art.
discussed Cited "see" Eubanks v. Bellsouth Telecommunications, Inc. (2×)
Ga. Ct. App. · 2002 · signal: see · confidence high
See Dept. of Transp. v. Brown, 267 Ga. 6, 8 (2) ( 471 SE2d 849 ) (1996).
discussed Cited "see" Wallace v. Ohio Dept. of Commerce (2×)
unknown court · 2002 · signal: see · confidence high
See Dept. of Transp. v. Brown (1996), 267 Ga. 6, 8-9 , 471 S.E.2d 849 (limiting Rome v. Jordan [1993], 263 Ga. 26 , 426 S.E.2d 861 ); Benton v. Oakland City (Ind.1999), 721 N.E.2d 224, 232-234 (limiting Mullin v. S. Bend [Ind.1994], 639 N.E.2d 278 ).
discussed Cited "see" Wallace v. Ohio Department of Commerce (2×)
Ohio · 2002 · signal: see · confidence high
See Dept. of Transp. v. Brown (1996), 267 Ga. 6, 8-9 , 471 S.E.2d 849 (limiting Rome v. Jordan [1993], 263 Ga. 26 , 426 S.E.2d 861 ); Benton v. Oakland City (Ind.1999), 721 N.E.2d 224, 232-234 (limiting Mullin v. S. Bend [Ind.1994], 639 N.E.2d 278 ).
discussed Cited "see" Donaldson v. Department of Transportation (2×)
Ga. Ct. App. · 1999 · signal: see · confidence high
See Dept. of Transp. v. Brown, 267 Ga. 6, 8 (2) ( 471 SE2d 849 ) (1996); Ballenger Paving Co. v. Gaines, 231 Ga. App. 565, 567 (1) ( 499 SE2d 722 ) (1998); Dept. of Transp. v. Blair, 220 Ga. App. 342, 343 (1) ( 469 SE2d 446 ) (1996); Isom v. Schettino, supra at 75.
examined Cited "see" Hamilton v. Cannon (8×)
Ga. · 1997 · signal: see · confidence high
See White v. Beasley, 552 NW2d 1 (Mich. 1996). 267 Ga. 6 ( 471 SE2d 849 ) (1996).
discussed Cited "see, e.g." Sadler v. Department of Transportation of State (2×)
Ga. Ct. App. · 2011 · signal: compare · confidence medium
Compare Dep’t of Transp. v. Brown, 267 Ga. 6, 8 (2) ( 471 SE2d 849 ) (1996) (holding, in case in which MUTCD did not contain generally accepted design standards on the relevant question, that expert testimony “that some of DOT’S actions and failures to act . . . violated generally accepted engineering standards” was sufficient to show waiver of sovereign immunity).
discussed Cited "see, e.g." Heller v. City of Atlanta (2×)
Ga. Ct. App. · 2008 · signal: see also · confidence low
See also Horton v. City of Atlanta, 159 Ga. App. 832, 834 ( 285 SE2d 210 ) (1981). 20 189 Ga. App. 687 ( 377 SE2d 504 ) (1988). 21 Id. at 687-688 (1). 22 171 Ga. App. 636 ( 320 SE2d 601 ) (1984). 23 Id. at 639 . 24 Dept. of Transp. v. Brown, 218 Ga. App. 178 -179 (1) ( 460 SE2d 812 ) (1995), aff'd, 267 Ga. 6 ( 471 SE2d 849 ) (1996). 25 OCGA § 50-21-24 (8), (9). 26 (Footnotes omitted.) Magueur v. Dept. of Transp., 248 Ga. App. 575, 577-578 ( 547 SE2d 304 ) (2001). 27 Murray v. Ga. Dept. of Transp., 284 Ga. App. 263, 266 (2) ( 644 SE2d 290 ) (2007). 28 Magueur, supra at 578, n. 8 . 29 247 Ga. A…
examined Cited "see, e.g." Ross v. Taylor County (4×)
Ga. Ct. App. · 1998 · signal: compare · confidence low
Compare Georgia Dept. of Transp. v. Brown, 218 Ga.App. 178 , 460 S.E.2d 812 (1995), aff'd. 267 Ga. 6 , 471 S.E.2d 849 (1996).
Department of Transportation
v.
Brown
S95G1856.
Supreme Court of Georgia.
Jun 17, 1996.
471 S.E.2d 849
Michael J. Bowers, Attorney General, George P. Shingler, Deputy Attorney General, C. Latain Kell, Assistant Attorney General, Susan J. Levy, for appellant., Johnson & Ward, William C. Lanham, Clark H. McGehee, for appellee.
Benham.
Cited by 74 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 67%
Citer courts: Court of Appeals of Georgia (1)
Benham, Chief Justice.

This case arose from a fatal intersection collision. The Georgia Department of Transportation (DOT) designed and constructed an extension of Georgia Highway 365, converting it to a four-lane, divided highway. The plans called for the installation of a traffic light signal to control traffic in both directions at the intersection where the collision involved here occurred, but DOT rejected a bid for the installation of the traffic lights. Rather than delay the opening of the intersection, DOT erected temporary stop signs to control traffic in both directions on the cross-road, and made the new Hwy. 365 temporarily a through highway without any traffic control signals. Anika Colbert was killed when the car in which she was a passenger was struck by a dump truck while the car was crossing Hwy. 365 after failing to stop at the stop sign.

Mildred C. Brown, administratrix of the estate of Anika Colbert, brought a wrongful death action against DOT and others. DOT moved for summary judgment and, at trial, for a directed verdict based on the design standard and discretionary function exceptions to OCGA § 50-21-24, the Georgia Tort Claims Act (GTCA). [1] DOT also moved for a directed verdict based on the public duty doctrine. All motions for directed verdict and summary judgment were denied, and the jury awarded $1,505,000 in damages. That amount was reduced to $1,000,000, the statutory limit of recovery under the GTCA. The Court of Appeals affirmed the trial court’s judgment.[*7] Dept. of Transp. v. Brown, 218 Ga. App. 178 (460 SE2d 812) (1995). We granted DOT’s petition for certiorari, and having determined that the Court of Appeals was correct in affirming the trial court’s judgment, we affirm that of the Court of Appeals.

1. The Court of Appeals held that the discretionary function exception does not apply when the design standards exception applies. DOT complains that the ruling, based on the principle of statutory construction that the particular controls over the general, destroys the discretionary function exception in suits against DOT. The preferable analysis, and one which does not invalidate any exception, is the analysis employed by the Court of Appeals as an alternative basis for its ruling: the discretionary function exception applies only to policy decisions and does not address the design and operational decisions on which the allegations of negligence are based in this case.

In determining the scope of the discretionary function exception, we need not consider previous cases involving discretionary versus ministerial decisions because the legislature included in this statute the definition of discretionary function or duty: “a function or duty requiring a state officer or employee to exercise his or her policy judgment in choosing among alternate courses of action based upon a consideration of social, political, or economic factors.” OCGA § 50-21-22 (2). The key to this issue is the difference between design and operational decisions and policy decisions. We note with approval the decisions from other jurisdictions, cited by the Court of Appeals, holding that the discretionary function exception is limited to basic governmental policy decisions. The Court of Appeals was correct in noting that the decision to build the road involved here was a policy decision. Where and whether to install traffic lights were design decisions. When to open the intersection, and whether to open it without traffic lights are operational decisions, and the decision to use stop signs only for the cross-road was a design decision.

The scope of the discretionary function exception urged by DOT, which would include any decision affected by “social, political, or economic factors,” is so broad as to make the exception swallow the waiver. Whether to buy copier paper from a particular vendor, and in which colors, are decisions that might be affected by all three factors, but they are not policy decisions. The Court of Appeals was correct in rejecting DOT’s argument that the discretionary function exception applies to this case.

2. DOT challenges the holding in the opinion of the Court of Appeals that the trial court properly submitted to a jury the question of whether the design standard exception applies in this case. DOT’s argument on this issue is two-fold: because the Manual On Uniform Traffic Control Devices (MUTCD) does not contain standards on the[*8] design questions involved here, there were no generally accepted standards to be violated; and that expert testimony on the issue was merely “Monday-morning-quarterbacking.” We agree with neither part of the argument.

The design standard exception does not make reference to MUTCD; it refers to “generally accepted engineering or design standards.” While MUTCD certainly has that status in this state (OCGA § 32-6-50), it does not have the status of being the exclusive source of engineering and design standards that DOT suggests. If the legislature intended to limit, the source of standards to MUTCD or to written mandatory standards as DOT suggests, it could have done so specifically, but it did not. DOT’s argument that MUTCD was the only standard to be considered is not meritorious.

Nor do we find merit in DOT’s argument that the admission of expert testimony on the question of generally accepted engineering and design standards will result in a change of standards with each new expert witness. Just as expert witnesses are competent to establish standards in other professional malpractice actions (“In malpractice actions, a plaintiff must present expert testimony ‘to establish the parameters of acceptable professional conduct.’ [Cit.]” Lutz v. Foran, 262 Ga. 819 (2) (427 SE2d 248) (1993)), we see no reason, and DOT has supplied none, why expert witnesses should not be competent to do so in actions against DOT for engineering malpractice.

Contrary to DOT’s assertion on appeal, the record contains expert testimony that some of DOT’s actions and failures to act with regard to the intersection involved in this case violated generally accepted engineering standards. That testimony conforms to the requirements of the statute. We agree with the Court of Appeals that the trial court did not err in denying DOT’s motion for directed verdict on the question of whether DOT violated generally accepted engineering standards, thus removing it from the protection of the design standards exception.

3. Finally, DOT asserts that our decision in City of Rome v. Jordan, 263 Ga. 26 (426 SE2d 861) (1993), requires the conclusion that, absent some special relation between DOT and the victim of its alleged negligence, it has no liability. Our decision in that case was directed squarely and only at the duty owed by a governmental entity to provide police protection to individual citizens. The essential difference between that duty and the duty at issue in this case is the involvement of third parties whose behavior may be unpredictable. The duty DOT owes to each member of the public does not involve third parties, only the way in which DOT’s performance or nonperformance of its duty impacts individuals. We believe that difference in the duties warrants limitation of the public duty doctrine adopted in Jordan to the situation involved there, the provision of[*9] police services. The Court of Appeals was correct, therefore, in holding that Jordan has no impact on this case.

Decided June 17, 1996 Reconsideration denied July 12, 1996. Michael J. Bowers, Attorney General, George P. Shingler, Deputy Attorney General, C. Latain Kell, Assistant Attorney General, Susan J. Levy, for appellant. Johnson & Ward, William C. Lanham, Clark H. McGehee, for appellee.

Judgment affirmed.

All the Justices concur.
1
The state shall have no liability for losses resulting from: ... (2) The exercise or performance of or the failure to exercise or perform a discretionary function or duty on the part of a state officer or employee, whether or not the discretion involved is abused;... (10) The plan or design for construction of or improvement to highways, roads, streets, bridges, or other public works where such plan or design is prepared in substantial compliance with generally accepted engineering or design standards in effect at the time of the preparation of the plan or design;....

OCGA § 50-21-24.