Littlefield Construction Co. v. Bozeman
314 Ga. App. 601
| Ga. Ct. App. | 2012Background
- Bozeman was injured when Eddie Lewis, a Littlefield Construction employee, rear-ended Bozeman's pickup with a Littlefield minivan.
- Bozeman sued Lewis and Littlefield under respondeat superior.
- Littlefield moved for summary judgment; Lewis moved to dismiss on venue grounds; the trial court denied both motions and issued a certificate of immediate review.
- Lewis admitted driving a Littlefield vehicle owned by the employer; the company allowed some employees to drive home with permission.
- Lewis drove the minivan home after work to wash it and then stopped at his father-in-law's house to pick up his son and a trailer before the collision, raising a dispute whether the trip fell within the scope of employment.
- The trial court’s denial of summary judgment was appealed, and the court affirmed, applying the Allen Kane’s framework for employer liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Littlefield is liable under respondeat superior for Lewis's driving at the time of the collision. | Bozeman argues Lewis was acting within the course and scope of employment. | Littlefield contends Lewis was on a personal errand and outside scope of employment. | No reversible error; presumption exists but genuine issues remain. |
| Whether the venue issue becomes moot if Littlefield is not a party to the suit. | N/A | N/A | Moot. |
Key Cases Cited
- Barfield v. Royal Ins. Co. of America, 228 Ga.App. 841 (GA.App. 1997) (employer vehicle use can be within scope when facilitating employment duties)
- Hicks v. Heard, 286 Ga. 864 (GA 2010) (on-call employee not acting within scope when driving home)
- Collins v. Everidge, 161 Ga.App. 708 (GA.App. 1982) (drive home over weekend not within scope if outing unrelated to work)
- Remediation Resources v. Balding, 281 Ga.App. 31 (GA.App. 2006) (jury issue if trip serves employer duties)
- Allen Kane's Major Dodge, Inc. v. Barnes, 243 Ga. 776 (GA 1979) (burden-shifting framework for employee's course-and-scope)
- Barfield v. Royal Ins. Co. of America, 228 Ga.App. 841 (GA.App. 1997) (see Barfield (duplicate entry in prose))
- Upshaw v. Roberts Timber Co., 266 Ga.App. 135 (GA.App. 2004) (discusses evidence burdens under summary judgment)
- Drury v. Harris Ventures, Inc., 302 Ga.App. 545 (GA.App. 2010) (cites interpretive framework for employment scope)
- Home Builders Assn. of Savannah v. Chatham County, 276 Ga. 243 (GA 2003) (guides summary-judgment considerations)