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Corrugated Replacements, Inc. Et Al.v.David Johnson Et Al.

CourtCourt of Appeals of Georgia
Docket No.A16A1835
DecidedFebruary 23, 2017
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawNegligenceSummary JudgmentCivil ProcedureReversalDirect Appeal
Case Summary

The Johnsons sued Corrugated Replacements and related defendants after a collision, asserting negligence-based claims and attempting to use a reverse veil-piercing theory to reach corporate assets. The trial court denied the defendants’ motion for summary judgment. The Court of Appeals reversed. It held that the record did not support the Johnsons’ negligent-entrustment and respondeat-superior theories because the evidence failed to establish the required control or negligent conduct. The court also held that Georgia law foreclosed the outsider reverse veil-piercing claim, which sought to use a corporate entity’s assets to satisfy the debts or liability of an individual. The defendants were therefore entitled to judgment as a matter of law on the claims resolved by the appeal. Claims not addressed by the motion remained pending below. The judgment was reversed. Two judges concurred.

Opinion

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