Vicarious Liability

A company employee has been asked to come to work for some special reason but are driving their own car; is the employer liable for a crash that happens on the way? We handled a tragic case involving this exact question. A Columbus family was in a terrible accident that killed one and badly hurt several others. In this case the defendant was a temp employee of an agency and was required to drive to work to fill out paperwork as she requested direct deposit. She fell asleep and the crash ensued. We sued the driver and the employer on a special exception theory as normally, an employee commuting in their own private vehicle is not on the job and the boss cannot be held legally responsible. https://www.wsbtv.com/news/2-investigates/drowsy-driving-vs-drunk-driving-same-dangers-but-only-one-is-illegal/880970158/

The case was heavily litigated and we settled the claim against the employer after a hearing where it was clear the judge was going to grant summary judgment and let the employer out of the case. In a recent decision, the court of appeals again took up the issue and I am glad we settled our case, as you will see.

An appeals court recently issued the opinion addressing whether the special circumstances exception applies in a Georgia car accident case involving employer liability. The case arose when a driver lost control of his work vehicle and struck another car, killing the victim and his brother-in-law. The victim’s wife filed a negligence lawsuit against the driver’s employer, alleging negligent hiring and retention, and respondeat superior. Amongst the issues was whether the special exceptions or special missions theory applied.

Although we generally associate the challenging of a judge’s ruling with part of the appeals process, there are many instances when a litigant may request a judge to reconsider his or her own decision. As one can expect, asking a judge to reverse himself can be a tricky proposition. Indeed, as two unfortunate defendants before a federal judge who sits on the Middle District of Georgia recently saw, contempt can befall those who carelessly ask for reconsideration.

The case, Wallace v. Wiley Sanders Truck Lines, Inc., started with a motor vehicle accident on U.S. Highway 82 East in Cuthbert, Georgia. An employee of one of the defendants in this action was operating a tractor trailer owned by the defendant. The plaintiff was operating a tractor trailer that was directly in front of the defendant’s tractor trailer. The plaintiff stopped his vehicle and turned on his indicator, signaling that he intended to make a right turn onto a private driveway off the highway. As the plaintiff was making his turn, however, the defendant’s tractor trailer collided with the plaintiff’s vehicle. The plaintiff suffered injuries as a consequence of the collision, and he brought suit against the defendant and its insurance company for injuries and pain and suffering. Following trial, the jury found that the defendant’s employee had been negligent and awarded $650,000 in compensatory damages. The defendants moved for the district court to order a new trial, arguing that the court had made evidentiary and jury instruction errors that necessitated the new trial. Unsurprisingly, the judge disagreed.

Articles Posted in Vicarious Liability

Employer Liable when Georgia Employee Headed to Work in Special Circumstances

Georgia Federal Judge Denies New Trial in Tractor Trailer Accident Case