April 14, 2007

Case Law Update - Ray Bell Construction v. King

On March 26, 2007, the Georgia Supreme Court decided Ray Bell Construction v. King.  The issue in the case is whether Howard King had a valid case under Georgia workers' compensation law under the continuous employment / traveling employee doctrine.  Howard King was killed in a motor vehicle collision while driving a company vehicle from a storage shed back to his jobsite.  It was undisputed that he went to the self storage shed for a personal reason - - he was delivering family furniture to the storage shed. 

The Supreme Court upheld the Court of Appeals' decision.  The legal test in the case, according to the Court, was whether the employee "turns back" and resumes the duties of the employer after the personal mission.

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April 14, 2007

Letting Corporations Off The Hook In Georgia?

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.