Matheson v. Braden
310 Ga. App. 585
Ga. Ct. App.2011Background
- Mathesons sue Braden and Peres for injuries from a collision caused by Peres, Braden’s employee; Peres was not a party to the appeal.
- Peres, hired to work on Braden’s farm, housed at a Farmhouse Braden allowed for Peres due to lunch-break cost savings; he would eat lunch on-site.
- On June 12, 2008, Peres drove Braden’s tractor across a highway to a work site, then used Braden’s truck to return to the Farmhouse for lunch.
- Braden permitted Peres to use the truck for lunch rather than the tractor to save time and reduce wear on equipment.
- Peres collided with the Mathesons while returning to the Farmhouse for lunch, during which Braden’s ownership of the vehicle and employment relationship were central.
- The trial court granted Braden summary judgment, applying Allen Kane burden-shifting to conclude Peres was not acting within the scope of employment at the time.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Peres acting within the scope of employment at the time of the collision? | Mathesons contend Peres was performing Braden’s business. | Braden argues Peres was on a purely personal lunch trip. | No; Braden rebutted the presumption with uncontradicted testimony of personal lunch. |
| Do the Mathesons' 'other facts' create a triable issue on scope of employment? | Peres’ presence at Farmhouse and lunch-travel created an employment-related mission. | Facts are circumstantial and do not amount to direct evidence that Peres was acting within employment. | No; circumstantial 'other facts' insufficient to defeat summary judgment. |
Key Cases Cited
- Hicks v. Heard, 286 Ga. 864 (2010) (test for scope of employment and presumption of employment in motor vehicle cases)
- Allen Kane v. Barnes, 243 Ga. 776 (1979) (burden-shifting framework for respondeat superior)
- Farzaneh v. Merit Constr. Co., 309 Ga.App. 637 (2011) (distinguishing direct vs circumstantial 'other facts' in burden shift)
- Gassaway v. Precon Corp., 280 Ga.App. 351 (2006) (lunch break as purely personal mission, not within scope)
- Nelson v. Silver Dollar City, Inc., 249 Ga.App. 139 (2001) (employee on a purely personal mission removes liability)
- Rubin v. Cello Corp., 235 Ga.App. 250 (1998) (summary judgment standard; de novo review on appeal)