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Quynnv.Hulsey Et Al.

CourtSupreme Court of Georgia
Docket No.S19G1612
DecidedNovember 2, 2020
JudgesSupreme Court of Georgia
Tags
CivilTort LawWrongful DeathNegligenceApportionmentStatutory InterpretationReversalRemandDissent
Case Summary

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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Quynn V. Hulsey Et Al. — The Atlanta Gleaner