
    A96A1643.
    DEPARTMENT OF TRANSPORTATION v. SCOTT et al.
    (497 SE2d 274)
    Decided March 9, 1998.
    
      Thurbert E. Baker, Attorney General, Sanders, Haugen & Sears, 
      
      C. Bradford Sears, Jr., for appellant.
   POPE, Presiding Judge.

The decision of the Court of Appeals in this case having been reversed by the Supreme Court, Dept. of Transp. v. Scott, 268 Ga. 579 (492 SE2d 216) (1997), our decision in Dept. of Transp. v. Scott, 224 Ga. App. 231 (480 SE2d 272) (1997), is hereby vacated, and the judgment of the Supreme Court is made the judgment of this Court.

Judgment reversed.

Andrews, C. J., and Smith, J., concur.

Peek & Whaley, J. Corbett Peek, Jr., James G. Peek, for appellees.  