Quynnv.Hulsey Et Al.
A truck driver employed by TriEst Ag Group struck and killed the decedent. The estate sued the driver and employer for negligence, negligent entrustment, hiring, training, and supervision. The Georgia Supreme Court reversed summary judgment for the employer. The court held that Georgia’s apportionment statute abrogated the decisional rule the Court of Appeals had used to dismiss the independent-negligence claims merely because the employer admitted respondeat superior liability. The statute did not automatically eliminate negligent-entrustment and related claims where the estate also sought punitive damages based on the employer’s own conduct. The court remanded for further proceedings. A dissent would have affirmed on a narrower reading of the statute.
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