We granted a writ of certiorari to the Court of Appeals in order to address that court’s application of the doctrine of respondeat superior to the facts of this case in
Clark v. Chorey, Taylor & Feil, P.C.,
In April 1996, appellee Dannice Clark was injured when her automobile was struck by a car driven by Wanda Chatham, an employee of a law firm named Vincent, Chorey, Taylor & Feil, PC. (Vincent Chorey”). The collision
“The clearest case of vicarious liability [that is, liability for the tort of another] is that of a master for harm caused by acts of his servant.” Harper, James & Gray, The Law of Torts, § 26.6, p. 23 (2nd ed. 1986). Under the principle of respondeat superior, “employers are generally jointly and severally liable along with the tortfeasor employee for the torts of employees committed within the scope of employment.” Dobbs, The Law of Torts, § 333, p. 905 (2000). In Georgia, the common law principle is codified in OCGA § 51-2-2: “Every person shall be liable for torts committed by his . . . servant by his command or in the prosecution and within the scope of his business, whether the same are committed by negligence or voluntarily.”
Curtis v. Ashworth,
When an employee causes an injury to another, the test to determine if the employer is liable is whether the employee was acting within the scope of the employee’s employment and on the business of the employer at the time of the injury.
Allen Kane’s Major Dodge v. Barnes,
While the question of whether or not an employee was acting within the scope of employment at the time of the tort is generally one for the jury, summary judgment for the employer is appropriate where the evidence and all reasonable inferences drawn therefrom show that the employee was not engaged in furtherance of the employer’s business, but was on a private enterprise of the employee’s own.
Jones v. Reserve Ins. Co.,
However willing we are to commit to the jury the solution of every question of fact, yet in the very nature of things, when the determination of the issue rests not on direct proof, but on circumstances, there exists a point where the inferences to be drawn can not, as a matter of law, be sufficient to [defeat the grant of summary judgment]. [Cit.]
Allen Kane’s Major Dodge v. Barnes,
supra,
Judgment reversed.
