Georgia Insurance Defense Lawyer Blog

Posted by Susan J. Levy

The facts giving rise to this wrongful death action are as follows: Janet Weston was driving eastbound on Cut Off Road in Glynn County towards its intersection with SR 303, where Cut Off Road deadends. Weston, et al. v. Dun Transp. & Stringer, Inc., et al., 2010 Ga. App. LEXIS 404 (2010). The intersection was controlled only by a stop sign for traffic on Cut Off Road, giving through traffic on SR 303 the right of way. As Mrs. Weston approached the stop sign, there was a stalled, yellow, front-end loader parked westbound on Cut Off Road, with its back end blocking the southbound deceleration lane on SR 303. The loader blocked the view from Cut Off Road, left toward southbound traffic approaching the intersection on SR 303. When Mrs. Weston began to turn left to travel north on SR 303, she was struck and killed by a tractor-trailer traveling south on SR 303. Id.

Continue reading " COURT OF APPEALS AFFIRMS SUMMARY JUDGMENT UNDER DOCTRINE OF AVOIDABLE CONSEQUENCES IN WESTON V. DUN TRANSP. & STRINGER, ET AL. " »

Posted by H. Lee Pruett

Last May, the Georgia Court of Appeals decided Hicks v. Heard, Case No. A09A0874 (Ga. Ct. App., May 5, 2009), affirming summary judgment in favor of a defendant employer on the issue of respondeat superior liability. See our May 18, 2009 blog post, “Georgia Court of Appeals Renders Sensible Ruling on Employer Liability and Negligent Entrustment.” In this case, while driving a company car, the daughter of an officer and owner of Mark Heard Fuel Company caused a rear-end collision which injured the plaintiff.

Continue reading " GEORGIA SUPREME COURT RULES EMPLOYEE’S “ON CALL” STATUS ALONE DOES NOT CREATE JURY ISSUE OF RESPONDEAT SUPERIOR " »