347 Ga. App. 738
Ga. Ct. App.2018Background
- Plaintiff Caitlin Manners was accidentally shot by Joey Sisson at 5 Star Lodge and Stables; she sued the business (5 Star) and its owner Butler (premises liability and respondeat superior) and sued Sisson for negligence.
- Sisson and manager Roxanne Young lived on the property; Manners and her boyfriend were social visitors who came that evening to see them.
- At the time of the shooting, Sisson was showing a pistol modification and was not performing any 5 Star work; Manners was not performing work and had no plans to return that weekend to work.
- A third person (Dorothy Hunt) testified she had been told Manners and her boyfriend might help park cars for upcoming weddings, but there is no evidence Manners knew of or was performing that work at the time of injury.
- Trial court granted summary judgment to 5 Star and Butler; Manners appealed, arguing Sisson acted within the scope of employment and that her status as invitee vs. licensee was a jury question.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Respondeat superior — scope of employment | Shooting occurred while Sisson was engaged in 5 Star business (plans to discuss wedding help) | No evidence Sisson was acting in course/scope of employment at time of shooting | Summary judgment affirmed — no evidence Sisson was acting in employer's business when shot occurred |
| Premises liability — visitor status | Manners was (or could be) an invitee because she was to help with weddings | At time of injury Manners was a social guest (licensee), so only duty is to avoid willful/wanton harm | Summary judgment affirmed — Manners was a licensee at time of injury |
| Premises liability — breach standard for licensee | Owner/manager (Young/5 Star) negligently exposed Manners to risk (Sisson handling gun/drinking) | Manners knew of the risky facts; no willful/wanton conduct by owners; shooting was accidental | Summary judgment affirmed — no evidence of willful or wanton conduct by 5 Star or Butler |
| Sufficiency of summary judgment evidence | Circumstantial evidence of planned work and manager’s knowledge create factual dispute | Undisputed contemporaneous facts show no work discussion and Manners’ awareness of risk | Summary judgment proper — no genuine issue of material fact on employment or invitee status |
Key Cases Cited
- New Madison South Ltd. P’ship v. Gardner, 231 Ga. App. 730 (summary judgment standard)
- Hicks v. Heard, 286 Ga. 864 (master liable only if servant acting within scope of employment)
- Cook v. Southern R. Co., 53 Ga. App. 723 (status of person on premises is determined at time of injury)
- Jarrell v. JDC & Assoc., LLC, 296 Ga. App. 523 (landowner owes ordinary care to invitees)
- Thompson v. Oursler, 318 Ga. App. 377 (social guests are licensees)
- Trulove v. Jones, 271 Ga. App. 681 (licensee standard; willful or wanton conduct and equal knowledge rule)