Coe v. Carroll & Carroll, Inc.
2011 Ga. App. LEXIS 280
Ga. Ct. App.2011Background
- Coe was injured when his car hit a Griffin tractor-trailer parked protruding into the roadway after Williams, Griffin's driver, detoured for lunch.
- Carroll hired Griffin to supply a tractor-trailer and driver to haul debris for Carroll's highway project; no written contract existed between Carroll and Griffin.
- Carroll supervised Williams’ work through its foreman, controlling arrival times, loads, landfills, and breaks, though Carroll could not terminate Williams.
- On the day of the accident, Williams stopped at a church to pick up lunch, parking the trailer with about two feet, seven inches into the roadway, shortly before Coe’s collision.
- The trial court granted Carroll and Griffin summary judgment on various claims, including borrowed-servant status and respondeat superior, and excluded certain medical evidence; the appeals were consolidated.
- The Georgia Court of Appeals affirmed some rulings and reversed others, ruling that at least factual issues exist regarding borrowed-servant status, scope of employment, and negligent hiring, warranting jury consideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Borrowed servant— Carroll's liability under bailment | Carroll was Carroll’s borrowed servant; Carroll controlled Williams. | Carroll did not control Williams; bailor Griffin bears liability. | Issue for jury; not entitled to SJ on borrowed-servant theory. |
| Respondeat superior— Griffin’s liability for Williams' detour lunch | Detour integrated with Griffin’s business to some extent; within scope. | Detour was a purely personal mission; not within employment scope. | Issue for jury; detour question should be resolved by trial. |
| Negligent hiring/retention— Griffin's liability based on Williams' driving record | Griffin knew or should have known of Williams' driving deficiencies; negligent hire. | No sufficient evidence of disregarding policies or known incompetencies. | Issue for jury; genuine fact questions on hiring/retention remain. |
| Admissibility of Coe’s drug/methadone evidence | Past drug use and methadone treatment are probative of impairment and causation. | Evidence would be speculative and unduly prejudicial. | Court did not abuse discretion; evidence admissible for consideration. |
Key Cases Cited
- Tim's Crane & Rigging v. Gibson, 278 Ga. 796, 604 S.E.2d 763 (2004) (Ga. 2004) (control-focused analysis of borrowed-servant under bailment)
- Montgomery Trucking Co. v. Black, 231 Ga. 211, 200 S.E.2d 882 (1973) (Ga. 1973) (owner bears liability when bailor has no supervision/control)
- Enviromediation Svcs. v. Boatwright, 256 Ga.App. 200, 568 S.E.2d 117 (2002) (Ga. App. 2002) (fact issues on borrowed servant where hirer controls some aspects)
- Davis Gas Co. v. Powell, 140 Ga.App. 841, 232 S.E.2d 258 (1976) (Ga. App. 1976) (slight deviation doctrine; scope of employment jury question)
- Gassaway v. Precon Corp., 280 Ga.App. 351, 634 S.E.2d 153 (2006) (Ga. App. 2006) (lunch break as personal mission; deviations may be slight)
- Western Indus. v. Poole, 280 Ga.App. 378, 634 S.E.2d 118 (2006) (Ga. App. 2006) (evidence of driving violations can support negligent hiring claim)
- Flowers v. U.S.S. Agri-Chemicals, 139 Ga.App. 430, 228 S.E.2d 392 (1976) (Ga. App. 1976) (employer status over driver where control is limited)
- Parker v. Smith, 66 Ga.App. 567, 18 S.E.2d 559 (1942) (Ga. App. 1942) (jury issue on scope of employment for detours)