311 Ga. App. 148
Ga. Ct. App.2011Background
- Bradley sued Wise for assault and GMS for vicarious liability and negligent hiring/retention/entrustment.
- Wise, designated as independent contractor by contract, allegedly assaulted Bradley after parking in front of the Palisades Office Park.
- Bradley claimed Wise’s conduct was within the scope of his employment and in furtherance of GMS’s business.
- On remand from our prior decision, the trial court denied GMS’s summary-judgment motion, finding factual disputes about control and scope.
- Georgia law generally disfavors vicarious liability for independent contractors, but control over time, manner, and method can render a contractor the master’s servant.
- The Court affirmed the trial court’s denial of summary judgment, holding genuine issues of material fact remained on both control and scope.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is GMS vicariously liable for Wise as an employee not an independent contractor? | Bradley argues GMS exercised control over Wise. | GMS contends Wise was independent contractor. | Yes—genuine factual issues about control remain. |
| Were Wise’s actions within the scope of employment and in furtherance of GMS’s business? | Wise acted under time pressure from GMS to complete deliveries. | Wise’s conduct may have been personal or outside scope. | Yes—jury must decide if within scope and furtherance. |
Key Cases Cited
- Drury v. Harris Ventures, Inc., 302 Ga.App. 545, 691 S.E.2d 356 (2010) (Ga. Ct. App. 2010) (scope of employment considerations for vicarious liability)
- LeO v. Waffle House, 298 Ga.App. 838, 681 S.E.2d 258 (2009) (Ga. Ct. App. 2009) (scope and course of employment analysis)
- Slater v. Canal Wood Corp. of Augusta, 178 Ga.App. 877, 345 S.E.2d 71 (1986) (Ga. Ct. App. 1986) (test for control over time, manner, method)
- American Ass'n of Cab Cos., Inc. v. Parham, 291 Ga.App. 33, 661 S.E.2d 161 (2008) (Ga. Ct. App. 2008) (evidence of control over time/manner can support vicarious liability)
- Reynolds v. L & L Mgmt., 228 Ga.App. 611, 492 S.E.2d 347 (1997) (Ga. Ct. App. 1997) (reemphasizes scope of employment inquiry)
- McGuire v. Ford Motor Credit Co., 162 Ga.App. 312, 290 S.E.2d 487 (1982) (Ga. Ct. App. 1982) (control-based framework for independent contractor analysis)
- Peachtree-Cain Co. v. McBee, 254 Ga. 91, 327 S.E.2d 188 (1985) (Ga. 1985) (presumption of independent-contractor status unless control exists)
- Rogers v. Fred R. Hiller Co. of Ga., 214 Ga.App. 448, 448 S.E.2d 46 (1994) (Ga. Ct. App. 1994) (wilful torts within master’s scope can render employer liable)