The Georgia legislature is currently in session. Although the 2007
legislative session is winding-down, this is a dangerous time as many
laws are pushed through quickly at the last minute. Frankly, it is the
best time for special interests to get some agenda pushed through right
under the noses of Georgians.
One such proposed bill is HB89 which can be seen by clicking here.
Pay careful attention to Section 5 at the end. The problem is a
classic political ploy. This Bill started off as a law to allow law
abiding Georgians to carry firearms anywhere in their motor vehicle - -
that is, until the last minute when something was added in an amendment
that could forever change the legal system in Georgia. The "something"
that was added has absolutely nothing to do with the rest of the Bill.
Section 5 of the HB89 drastically changes well established law that
has been the law of the land for over a hundred years in Georgia.
Under the theory of respondeat superior, an employer is
responsible for the negligence of its employees if the employees were
working in the scope of their employment. Here is a simple example: A
truck driver named Saul working for Goliath Trucking Company is not
paying attention, runs a red light, and severely injures David. In
this scenario under Georgia law (and, according to my initial research
the law in all 50 states), Goliath Trucking Company is responsible for
the actions of its driver, Saul.
If this Bill passes, it will virtually eliminate companies such as
Goliath from ever being responsible for the negligence of employees.
Furthermore, injured Georgians like David the above example will have
no recourse against companies such as Goliath. In fact, David's only
recourse would be against Saul, the truck driver.
Please call your legislator to voice your opposition to this draconian amendment to HB89. This is very serious business.