WERNER ENTERPRISES, INC. v. Lambdin
307 Ga. App. 813
| Ga. Ct. App. | 2011Background
- Lambdin drove in the far left lane of I-75 during construction with no shoulder and darkness.
- Bates drove a tractor-trailer in the adjacent right lane; Wright followed Lambdin behind.
- Lambdin allegedly dropped off the left pavement, overcorrected, and struck Bates’s trailer after crossing lanes.
- Bates claimed Lambdin lost control and Lambdin sped up; Lambdin could not recall the incident.
- Lambdin sued Bates and Werner Enterprises for negligence; Werner moved for summary judgment on negligent-hiring/retention, and the trial court granted those portions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Bates negligent on the day of the accident? | Lambdin alleges Bates was negligent due to speeding history and tickets. | Bates contends he was not speeding and other evidence shows Lambdin caused the accident. | No genuine issue; Bates not negligent. |
| Can Werner be held liable under respondeat superior for Bates's alleged negligence? | Lambdin argues Werner’s negligent hiring/retention caused Bates’s conduct. | Werner contends no proven negligence by Bates; no basis for vicarious liability. | Reversal of trial court on summary-judgment grounds; no genuine issue of Bates’s negligence to impute. |
Key Cases Cited
- Davis v. Sykes, 265 Ga.App. 375 (Ga. Ct. App. 2004) (negligence cannot be presumed; must be affirmatively proven)
- Butler v. Huckabee, 209 Ga.App. 761 (Ga. Ct. App. 1993) (absence of evidence to support negligence; speculation not enough)
- Lau's Corp. v. Haskins, 261 Ga. 491 (Ga. 1991) (summary-judgment standard; movant must show no triable issues)