Bajric v. Bramlett, 1:12-cv-02148

Automobile accident in Henry County, Georgia on March 25, 2011, involving Bramletts and Bajric; Bajric drove a tractor-trailer owned by Hrnic and leased to the carrier DSL Express Transportation, Inc.
DSL is an interstate carrier (Indiana base) owned by the Sermets; its operations are not intrastate Georgia-based and it is not registered with Georgia authorities under O.C.G.A. § 40-2-140.
The tractor-trailer was insured by Daily Underwriters of America at the time of the accident.
Bramletts allege personal injuries; Bajric was also injured. Disputed facts exist, but the motion addresses only certain issues.
DSL leased the equipment to DSL; the lease and federal regulations are used to determine control and liability for Bajric’s actions during the accident; Daily Underwriters is joined under the Direct Action Statute.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Daily Underwriters may be joined under the Direct Action Statute.	Bramletts may join insurer under 40-2-140(c)(4).	DSL/ Hrnic argue only intrastate carriers fall under joinder.	Insurers of interstate carriers may be joined under 40-2-140(c)(4).
Whether Hrnic and DAL Express are liable for negligent hiring/retention.	Bajric was controlled by DSL; borrow servant doctrine could apply to impute liability.	DSL controlled Bajric; Hrnic/DAL not liable for negligent hiring.	Dsl’s control via lease invoked borrowed servant doctrine; Hrnic/DAL not liable for negligent hiring.
Whether punitive damages are warranted against Bajric, DSL, or Daily Underwriters.	Evidence shows aggressive driving patterns and safety violations.	No clear and convincing evidence of conscious indifference; limited violations.	No punitive damages; insufficient evidence of willful misconduct or pattern of dangerous driving.
Whether plaintiffs may recover attorneys’ fees and expenses under O.C.G.A. § 13-6-11.	Dsl’s safety violations and destruction of evidence suggest bad faith.	Evidence does not clearly prove bad faith as to all movants.	Denial of summary judgment on attorneys’ fees; jury question on bad faith.

Westport Trucking Co. v. Griffin, 254 Ga. 361 (Ga. 1985) (joinder of insurer for interstate carrier authorized by the direct action statute)
Williams v. Southern Drayage, Inc., 213 Ga. App. 895 (Ga. App. 1995) (joinder of insurer of motor common carrier and broker allowed under statute)
Johnson v. Woodard, 208 Ga. App. 41 (Ga. App. 1993) (insurers of interstate carriers may be joined; later legislative revision preserved Westport logic)
Jackson v. Sluder, 256 Ga. App. 812 (Ga. App. 2002) (legislative change retained ability to join insurers of interstate carriers)
McKee Foods Corp. v. Lawrence, 310 Ga. App. 122 (Ga. App. 2011) (supported borrow servant analysis for vicarious liability in bailment context)
J.B. Hunt Transport, Inc. v. Bentley, 207 Ga. App. 250 (Ga. App. 1992) (punitive damages possible where carrier policies demonstrate conscious indifference)