City of Kingsland v. Grantham
342 Ga. App. 696
| Ga. Ct. App. | 2017Background
- On June 14, 2015, Officer Vincent Bryant, a City of Kingsland police officer, pulled from a median into traffic on I-95 and collided with a vehicle carrying plaintiff Destini Grantham, causing her injuries.
- Grantham sued Officer Bryant and the City, alleging negligence and negligence per se against Bryant and asserting vicarious liability (respondeat superior) against the City.
- Grantham also asserted direct claims against the City for negligent training, negligent supervision, and negligent entrustment of Bryant.
- The City moved for partial judgment on the pleadings, arguing those direct-negligence claims are redundant where respondeat superior liability is admitted and no punitive damages are sought.
- Grantham argued Georgia’s apportionment statute (OCGA § 51-12-33) abolishing joint-and-several liability makes employer liability potentially different from employee liability, so the direct claims are not redundant.
- The trial court denied the City’s motion; the Court of Appeals granted interlocutory review and reversed, holding the Respondeat Superior Rule remains applicable under Georgia law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether negligent training/supervision/entrustment claims are redundant when employer admits respondeat superior and no punitive damages are sought | Grantham: OCGA § 51-12-33 apportionment makes employer fault distinct from employee fault, so direct claims can yield different liability | City: If employer admits respondeat superior and punitive damages are not sought, direct-negligence claims are duplicative and should be dismissed | The Court reversed the trial court and held the older Respondeat Superior Rule survives apportionment; direct claims are redundant and dismissible in these circumstances |
Key Cases Cited
- Mills v. Allstate Ins. Co., 288 Ga. App. 257 (motion for judgment on the pleadings standard)
- Bartja v. Nat. Union Fire Ins. Co. of Pittsburgh, Pa., 218 Ga. App. 815 (where employer admits respondeat superior and no punitive damages sought, negligent entrustment unnecessary)
- Durben v. American Materials, Inc., 232 Ga. App. 750 (same rule regarding duplicative employer claims)
- Kelley v. Blue Line Carriers, LLC, 300 Ga. App. 577 (application of Respondeat Superior Rule excluding duplicative direct-negligence claims)
- McReynolds v. Krebs, 290 Ga. 850 (discussion of Georgia’s apportionment statute)
- Metro. Atlanta Rapid Transit Auth. v. Boswell, 261 Ga. 427 (punitive damages not available against governmental entities)