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Posted by H. Lee Pruett

In Cullara v. Building & Earth Sciences, Inc., Case No. A16A1735 (Ga. Ct. App., Dec. 8, 2016), the Georgia Court of Appeals seems to raise as many questions as it answers concerning an employer’s duty to investigate an employee before entrusting the employee with a company vehicle. In this case, a prospective employee at Building & Earth Sciences (“BES”) stated in his application that his criminal history consisted of only a prior conviction for possession of cocaine. BES did a background check on the employee, including his employment history, credit history, Social Security information, criminal history, and motor vehicle record. His driving record was clean, and the federal criminal history showed no convictions. One Saturday, a few months after the employee was hired, his supervisor allowed him to borrow a company truck to move a personal item to the employee’s new home. Several beers later, the employee collided with Plaintiff. The employee pled guilty to DUI. Continue reading

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Posted by Susan J. Levy

In Kitchens v. Harris, 2010 Ga. App. LEXIS 820 (Sept. 1, 2010), 14-year-old Defendant Shannon Kitchens invited 14-year-old Pamela Harris to a birthday party at her home. The two girls and three other friends were left unsupervised for less than an hour, during which time Defendant Shannon Kitchens took the key to her parents’ ATV. Plaintiff Pamela Harris was seriously injured when one of the other girls drove the ATV into a tree.

Plaintiffs sued Shannon Kitchens’ parents for negligent supervision and negligent entrustment. The trial court denied the parents’ motion for summary judgment but the Court of Appeals reversed.
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