Campbell v. SAVANNAH MOTORS, INC.
311 Ga. App. 460
| Ga. Ct. App. | 2011Background
- Campbell, an independent contractor, sued Savannah Motors for injuries suffered during a car sales event at Savannah Motors’ premises.
- Campbell claimed Savannah Motors violated OCGA § 51-3-1 by failing to keep the premises safe for invitees and sought vicarious liability for an employee allegedly knocking over a helium tank.
- Helium tanks were stored in an office space used to provide lunch during the event; about eight tanks were involved.
- A tank allegedly fell onto Campbell when bumped by a National Marketing Associates employee; a Savannah Motors manager was seen scolding a Savannah Motors employee shortly after the incident.
- The tanks were in clearly visible locations with stable bases; no prior incidents or evidence of inherent instability were shown.
- The trial court granted summary judgment for Savannah Motors on the premises liability claim but granted it on the vicarious liability claim as to the employee involved; the appellate court affirmed in part and reversed in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Premises liability standard | Campbell argues Savannah Motors breached ordinary care under OCGA 51-3-1. | Savannah Motors contends the risk was not foreseeable and thus not a breach. | Savannah Motors not liable for premises liability. |
| Vicarious liability | Campbell argues a Savannah Motors employee negligently knocked over the tank, making Savannah liable. | Savannah Motors contends the knocker was not its employee. | Question of fact exists as to whether a Savannah Motors employee knocked over the tank. |
Key Cases Cited
- Ferguson v. Premier Homes, Inc., 303 Ga. App. 614 (2010) (premises liability standard under OCGA 51-3-1; not insurer of safety)
- Robinson v. Kroger Co., 268 Ga. 735 (1997) (duty under OCGA 51-3-1; reasonableness in protecting invitees)
- Lau's Corp. v. Haskins, 261 Ga. 491 (1991) (summary judgment standards; burden on movant)
- Barrett v. J.H. Harvey Co., 240 Ga. App. 508 (1999) (res gestae statements admissible as exceptions to hearsay)
- Sutton v. Winn Dixie Stores, Inc., 233 Ga. App. 424 (1998) (res gestae; hearsay exception explained)