$40 Million Settlement After GDOT and Contractors Left a Broken I-85 Guardrail Unrepaired for Months

On a stretch of I-85 in Atlanta, a guardrail had been recorded as non-functional for at least ten months before June 3, 2018. Martin Robbins Fence Company, the state contractor responsible for repairs, was contractually required to fix damaged barriers within 21 days. On this particular guardrail, it took 45 days, and then the company stopped working. The barrier sat broken, unrepaired, and unreported as compliant.

Catrice Hunter, a young mother in her early thirties, was riding as a passenger in a Kia Sorento when a taxi struck the vehicle. The collision sent the Kia sliding into the defective guardrail. Instead of stopping the car, the barrier gave way. The vehicle vaulted over it and slammed into a concrete surveillance pole on the other side. Hunter died from her injuries. Her passenger survived but sustained serious harm.

Attorneys Jeb Butler and Matt Kahn of Butler Kahn took on the case alongside lawyers from other firms. Defendants included GDOT, Martin Robbins Fence Company, and Arcadis U.S. Inc., the construction management contractor overseeing maintenance operations. The litigation uncovered a pattern: GDOT records showed the 21-day repair deadline had been missed repeatedly over several years, and Google Street View imagery corroborated that this specific guardrail was visibly damaged well before the crash date.

The defense held firm at a total offer of $1 million for four years. Butler and Kahn pressed forward. In December 2023, just before the case was set for trial, the parties reached a global settlement of just over $40 million. GDOT paid $3 million, reflecting the sovereign immunity cap applied to state entities. Arcadis contributed $16 million. Martin Robbins Fence Company paid $21 million. The proceeds were divided between Hunter's family and the surviving passenger.

The case drew attention from Atlanta News First, which found that as of December 2023, roughly one-third of Georgia's flagged defective guardrails still had not been repaired within the required window, with some repair timelines exceeding 100 days. The settlement did not require any defendant to admit liability.