Tuggle v. Burpee
314 Ga. App. 833
Ga. Ct. App.2012Background
- Helmick, painting exterior of house under construction, was injured when a forklift collided with his ladder, causing him to fall.
- Kersey LLC was the general contractor; Conrad Painting was the painting subcontractor; Burpee LLC was the siding subcontractor; Vogler and Baker installed the siding under Burpee’s arrangement.
- Helmick sued Kersey, Burpee, Vogler, and Baker for negligence after workers’ compensation benefits were paid; the trial court granted summary judgment to Kersey and to Burpee and Burpee’s entities.
- Two months after filing the appeal, Helmick committed suicide; the trial court substituted the administrator of Helmick’s estate, Robert T. Tuggle III, as plaintiff, and this court treats the appellant as Helmick for consistency.
- The appellate record showed Vogler and Baker as independent contractors rather than Burpee employees, Burpee did not control their work, and Helmick claimed negligent entrustment of the forklift; the trial court granted Burpee summary judgment on both grounds.
- The issue on appeal is whether the trial court correctly granted Burpee’s summary judgment as to independent-contractor status and negligent entrustment; the reviewing court conducts a de novo standard of review on summary judgments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Vogler and Baker were Burpee employees. | Helmick argues facts suggest control and employee status. | Burpee shows Vogler and Baker were independent contractors; lack of Burpee control. | No genuine issue; they were independent contractors. |
| Whether Burpee LLC negligently entrusted the forklift. | Burpee knew or should have known of Vogler/Baker’s incompetence. | No evidence of incompetence or knowledge of incompetence; no duty to investigate. | No genuine issue; no negligent-entrustment liability. |
Key Cases Cited
- St. Paul Co. v. Capitol Office Supply Co., 158 Ga.App. 748 (1981) (employer not liable for independent contractor torts)
- Kimble v. BHM Constr. Co., 193 Ga.App. 441 (1989) (test for employee vs. independent contractor control factors)
- Brock Built, LLC v. Blake, 300 Ga.App. 816 (2009) (circumstantial evidence cannot overcome direct evidence without contrary inference)
- Worthen v. Whitehead, 196 Ga.App. 678 (1990) (no duty to investigate competency of another driver)
- Wilson v. Ortiz, 232 Ga.App. 191 (1998) (owner not required to investigate driver’s reputation)