ZALDIVAR v. PRICKETT Et Al.
328 Ga. App. 359
Ga. Ct. App.2014Background
- Collision on Oct. 9, 2009 between Daniel Prickett (driving a company vehicle for Overhead Door) and Imelda Zaldivar; both injured; Prickett later sued Zaldivar.
- Prickett (the plaintiff in this appeal) was driving an employer-owned vehicle on a sales call at the time of the crash.
- Zaldivar asserted as an affirmative defense that Prickett’s employer, Overhead Door, was wholly or partially at fault by negligently entrusting the vehicle to Prickett based on prior complaints about his driving, and filed a notice seeking to have the jury consider Overhead Door’s fault under OCGA § 51-12-33(c).
- Trial court granted Prickett’s partial summary judgment motion, holding that Overhead Door’s alleged negligent entrustment did not breach a legal duty to Prickett nor proximately cause his injuries, so its fault could not be assessed under § 51-12-33(c).
- On appeal, the majority affirmed, reasoning that § 51-12-33(c) allows apportionment only for nonparties whose conduct “contributed” (i.e., was causally connected) to the plaintiff’s injury or damages; the employer’s alleged negligent entrustment was legally severed from Prickett’s own injuries because his own negligence breaks that causal link.
Issues
| Issue | Plaintiff's Argument (Prickett) | Defendant's Argument (Zaldivar) | Held |
|---|---|---|---|
| Whether OCGA § 51‑12‑33(c) permits a defendant to ask the jury to assess fault to a nonparty employer for negligent entrustment that allegedly contributed to the plaintiff’s injuries | Employer (Overhead Door) cannot be assessed because it owed no duty to Prickett or did not proximately cause his injuries | Overhead Door’s negligent entrustment contributed to the accident and thus its fault should be considered under § 51‑12‑33(c) | Held for Prickett: § 51‑12‑33(c) applies only to persons/entities whose conduct actually "contributed" (causally) to the plaintiff’s injury; negligent entrustment here did not contribute because plaintiff’s own negligence severs causation |
Key Cases Cited
- Home Builders Assn. of Savannah v. Chatham County, 276 Ga. 243 (standard of review for summary judgment)
- Marino v. Clary Lakes Homeowners Assn., 322 Ga. App. 839 (statutory interpretation; plain meaning)
- Couch v. Red Roof Inns, 291 Ga. 359 (definition of “fault” in OCGA § 51‑12‑33 includes intentional and wrongful conduct)
- Hicks v. Heard, 297 Ga. App. 689 (elements of negligent entrustment)
- Ridgeway v. Whisman, 210 Ga. App. 169 (entrustee’s negligence can break causal connection for negligent entrustment claims)
- Gunn v. Booker, 259 Ga. 343 (negligent entrustment doctrine defined)
- Barnett v. Farmer, 308 Ga. App. 358 (apportionment to nonparties including co-plaintiff in certain circumstances)
- Union Carbide Corp. v. Fields, 315 Ga. App. 554 (nonparty apportionment limits; distinguished by majority)