Collins v. Everidge, 289 S.E.2d 804 (Ga. Ct. App. 1982). · Go Syfert
Collins v. Everidge, 289 S.E.2d 804 (Ga. Ct. App. 1982). Cases Citing This Book View Copy Cite
47 citation events (11 in the last 25 years) across 1 distinct court.
Strongest positive: Littlefield Construction Co. v. Bozeman (gactapp, 2012-03-05)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) Littlefield Construction Co. v. Bozeman
Ga. Ct. App. · 2012 · confidence medium
Co. of America, 228 Ga. App. 841, 845 (2) ( 492 SE2d 688 ) (1997). 14 Id. at 842 . 15 Id. at 845 (2). 16 281 Ga. App. 31, 32-33 (1) ( 635 SE2d 332 ) (2006). 17 Id. 18 Supra. 19 161 Ga. App. 708, 708 (1) ( 289 SE2d 804 ) (1982).
discussed Cited as authority (rule) Hankerson v. Hammett
Ga. Ct. App. · 2007 · confidence medium
Co. v. Stewart, 216 Ga. App. 882 ( 456 SE2d 245 ) (1995). 5 (Citation and punctuation omitted.) Id. at 882-883 . 6 (Citation and punctuation omitted; emphasis in original.) Collins v. Everidge, 161 Ga. App. 708, 709 (1) ( 289 SE2d 804 ) (1982). 7 Id. 8 Id. at 708 . 9 Id. at 709-710 (1). 10 See, e.g., Southern Gas Corp. v. Cowan, 89 Ga. App. 810, 811-813 (1) ( 81 SE2d 488 ) (1954) (evidence that employer provided employee with company vehicle and authorized him to use it for personal needs coupled with fact that employee was on call at all hours of the night and day sustained finding that emplo…
discussed Cited as authority (rule) Banks v. AJC International, Inc. (2×) also: Cited "see"
Ga. Ct. App. · 2007 · confidence medium
Business Machines v. Bozardt, 156 Ga. App. 794, 796 ( 275 SE2d 376 ) (1980). 5 Collins v. Everidge, 161 Ga. App. 708, 709 (1) ( 289 SE2d 804 ) (1982); see Viau v. Fred Dean, Inc., 203 Ga. App. 801, 802-803 (2) ( 418 SE2d 604 ) (1992). 6 Bozardt, supra at 797-798 . 7 See Collins, supra. 8 See Bedford, supra at 30 (3). 9 See Bonney Motor Express v. Yates, 171 Ga. App. 754, 755 (1) ( 320 SE2d 844 ) (1984). 10 See id.; Bedford, supra. 11 See Jones v. Aldrich Co., 188 Ga. App. 581, 583 (1) ( 373 SE2d 649 ) (1988). 12 Betsill v. Scale Systems, 269 Ga. App. 393, 395 (1) ( 604 SE2d 265 ) (2004); see J…
cited Cited as authority (rule) Dester v. Dester
Ga. Ct. App. · 1999 · confidence medium
Collins v. Everidge, 161 Ga. App. 708, 710 (2) ( 289 SE2d 804 ) (1982).
discussed Cited as authority (rule) Carolina Cable Contractors, Inc. v. Hattaway (2×) also: Cited "see, e.g."
Ga. Ct. App. · 1997 · confidence medium
The latest Supreme Court pronouncement of this doctrine is in Gunn v. Booker, 259 Ga. 343, 347 (3) ( 381 SE2d 286 ) (1989), where the court explained, citing several earlier cases, that “[u]nder the doctrine of negligent entrustment, a party is liable if he entrusts someone with an instrumentality, with actual knowledge that the person to whom he has entrusted the instrumentality is incompetent by reason of his age or inexperience, or his physical or mental condition, or his known habit of recklessness.” (Footnote omitted.) See also Clarke v. Cox, 197 Ga. App. 83, 84 (1) ( 397 SE2d 598 ) (…
discussed Cited as authority (rule) Gordy Construction Co. v. Stewart (2×)
Ga. Ct. App. · 1995 · confidence medium
In Bozardt , “the employee was driving a rental car at the expense of the employer, and, while away from his home at the express directions of his employer, while lodging in public accommodations, and while going to and from meals, he was performing an act in the scope of his employment or necessarily incident thereto.” Collins v. Everidge, 161 Ga. App. 708, 710 (1) ( 289 SE2d 804 ) (1982).
discussed Cited as authority (rule) Watkins v. Jackson
Ga. Ct. App. · 1994 · confidence medium
Sams III, for appellees. “ ‘It is a recognized principle under Georgia law that when an employee is involved in a collision, while operating his employer’s vehicle, a presumption arises that he is acting within the scope of his employment. [Cit.] Once this presumption arises the burden then shifts to the employer “to rebut the presumption by evidence that is ‘clear, positive and uncontradicted’ and that shows the servant was not in the scope of his employment.” [Cit.]’ [Cit.] . . . ‘When the uncontradicted testimony of the defendant. . . shows that the employee was not acting…
discussed Cited as authority (rule) Liddy v. Hames
Ga. Ct. App. · 1986 · confidence medium
Appellant argues on appeal that the conflict in the testimony rendered summary judgment for Britt erroneous. 1. “ ‘Under the theory of negligent entrustment, “liability is predicated not on the doctrine of respondeat superior but on a negligent act of the owner in lending his automobile to another to drive, with actual knowledge that the driver is incompetent or habitually reckless, and this negligence must concur, as a part of the proximate cause, with the negligent conduct of the driver on account of his incompetency and recklessness. [Cits.]” ’ ” Collins v. Everidge, 161 Ga. App…
examined Cited as authority (rule) Pitts v. Ivester (3×) also: Cited "see, e.g."
Ga. Ct. App. · 1984 · confidence medium
Those cases have held that “[u]nder the theory of negligent entrustment, ‘liability is predicated not on the doctrine of respondeat superior but on a negligent act of the owner in lending his automobile to another to drive, with actual knowledge that the driver is incompetent or habitually reckless, and this negligence must concur, as a part of the proximate cause, with the negligent conduct of the driver on account of his incompetency and recklessness. [Cits.]’ ” Collins v. Everidge, supra, p. 710.
discussed Cited as authority (rule) Cherry v. Kelly Services, Inc.
Ga. Ct. App. · 1984 · confidence medium
It is uncontroverted that Kelly did not own the truck driven by Campbell nor did it entrust the truck to Campbell to drive. “ ‘Under the theory of negligent entrustment, “liability is predicated not on the doctrine of respondeat superior but on a negligent act of the owner in lending his automobile to another to drive, with actual knowledge that the driver is incompetent or habitually reckless, and this negligence must concur, as a part of the proximate cause, with the negligent conduct of the driver on account of his incompetency and recklessness. [Cits.]” Saunders v. Vikers, 116 Ga. …
examined Cited "see" Bonney Motor Express, Inc. v. Yates (3×) also: Cited "see, e.g."
Ga. Ct. App. · 1984 · signal: see · confidence high
See Collins v. Everidge, supra at (2).
discussed Cited "see, e.g." Allen v. MILTON MARTIN ENTERPRISES, INC. (2×)
Ga. Ct. App. · 1990 · signal: see also · confidence low
See also Collins v. Everidge, 161 Ga. App. 708 ( 289 SE2d 804 ) (1982).
Retrieving the full opinion text from the archive…
COLLINS
v.
EVERIDGE Et Al. (Two Cases)
62957, 62958.
Court of Appeals of Georgia.
Mar 17, 1982.
289 S.E.2d 804
1982 Ga. App. LEXIS 2014
R. M. Bernhardt, Graham James Purpura, James T. Perry, for appellants., Al Johnson, Mike Treadaway, for appellees.
Birdsong, Shulman, Sognier.
Cited by 19 opinions  |  Published
Sognier, Judge.

William Collins was riding a motorcycle when he was involved in a collision with a truck driven by Jack Everidge and owned by Harold Jones, d/b/a Dove Construction. Collins and his wife, Dawn, filed separate actions as a result of the injuries sustained by William. Both suits were brought on the theories of respondeat superior and negligent entrustment. The trial court granted summary judgment in favor of Jones and Dove Construction and the Collins appeal.

1. Appellants contend that the trial court erred in granting summary judgment in favor of Jones on the issue of respondeat superior because there is an issue of fact as to whether Everidge was in the scope of his employment at the time of the collision. It is undisputed that Everidge was employed by Jones and that the truck he was driving was owned by Jones. The collision took place on a Saturday afternoon; Everidge was not working on the day of the collision but Jones had allowed Everidge to use the truck over the weekend. Everidge was to pick up other employees of Jones on his way to work the following Monday. Everidge testified on deposition that he was on his way to the drugstore to purchase medication for himself when the collision occurred. “It is a recognized principle under Georgia law that when an employee is involved in a collision, while operating his employer’s vehicle, a presumption arises that he is acting within the scope of his employment. West Point Pepperell v. Knowles, 132 Ga. App. 253 (208 SE2d 17) (1974). Once this presumption arises the burden then shifts to the employer ‘to rebut the presumption by evidence that is “clear, positive and uncontradicted” and that shows the servant was not in the scope of his employment.’ Massey v. Henderson, 138 Ga. App. 565 (1) (226 SE2d 750) (1976).” IBM, Inc. v. Bozardt, 156 Ga. Add. 794, 795 (275[*709] SE2d 376) (1980).

The appropriate test to determine when a plaintiff in this kind of case can overcome a defendant’s motion for summary judgment is stated in Allen Kane’s Major Dodge v. Barnes, 243 Ga. 776, 780 (257 SE2d 186) (1979), as follows: “When the uncontradicted testimony of the defendant and/or the employee shows that the employee was not acting within the scope of his employment at the time of the accident, the plaintiff must show, in addition to the facts which give rise to the presumption that he was in the course of his employment, some other fact which indicates the employee was acting within the scope of his employment. If this ‘other fact’ is direct evidence, that is sufficient for the case to go to a jury. However, when the ‘other fact’ is circumstantial evidence, it must be evidence sufficient to support a verdict in order to withstand the defendant’s motion for summary judgment.” Appellants here contend that the fact that Everidge was to use Jones’ truck to pick up laborers on his way to work on Monday morning was a sufficient “other fact” to send the case to the jury. We do not agree.

The uncontroverted evidence in the instant case is that Everidge was in no manner performing any service that could be considered in the prosecution of his employer’s business, thus the presumption was rebutted. The “other evidence,” i.e., Everidge’s responsibility of picking up other Jones employees on Monday morning, had nothing whatever to do with his activities on Saturday. “The test is whether the particular activity engaged in serves in some way to prosecute the employer’s business ...” Massey v. Henderson, supra, p. 567.

The cases cited by appellants in support of their contention that the jury should decide whether Everidge was acting within the scope of his employment are clearly distinguishable. In Davies v. Hearn, 45 Ga. App. 276, 279 (164 SE 273) (1932), the driver of defendant’s truck was on his way home from his place of employment when he detoured with his employer’s permission to pick up his wife. The driver of the truck in that case took the truck home every evening so that it would be available for him to pick up lumber on his way to work each morning. In Ga. Power Co. v. Mozingo, 132 Ga. App. 666, 668 (209 SE2d 66) (1974), the employer’s truck was equipped with a two-way radio and the employee was subject to the direction and control of his supervisors whenever they communicated with him even though he was on his way to lunch.

In West Point Peppered v. Knowles, supra, during a rest stop at his home from his duties as a truck driver, the employee went out in the truck to purchase fuel and took his wife for a ride in the truck. This court held that in such a case, unless it was plain and undisputable that the action of the employee was not in the[*710] prosecution of his master’s business, a jury question was presented. Id., at 256. In Chappell v. Junior Achievement &c. Atlanta, 157 Ga. App. 41 (276 SE2d 98) (1981), at the time of the accident the employee was using a company car to attend a function on behalf of the employer and was on his way home from the function.

Finally, in IBM, Inc. v. Bozardt, supra, at p. 797, the employee was driving a rental car at the expense of the employer, and, while away from his home at the express directions of his employer, while lodging in public accommodations, and while going to and from meals, he was performing an act in the scope of his employment or necessarily incident thereto.

We do not find that the circumstantial evidence in the instant case constitutes such “other facts” sufficient to support a verdict in favor of appellant. The fact that Everidge had the use of the truck over the weekend and was to pick up laborers on Monday morning was perfectly consistent with the unimpeached testimony that Everidge was not acting within the scope of his employment at the time of the collision with Collins. Allen Kane’s Major Dodge, supra, at p. 781. Thus, it was not error for the trial court to grant summary judgment on the issue of respondeat superior.

2. Appellant also contends that the trial court erred in granting summary judgment in favor of Jones on the issue of negligent entrustment. On deposition, Jones steadfastly denied knowledge that Everidge had a drinking problem; he denied that Everidge came to work when he was drinking; and he denied knowledge that Everidge had ever been drinking while driving Jones’ truck. Everidge testified that he did not consider himself a problem drinker but that he drank beer when he wanted one and that Jones knew that he drank some; that he had received three tickets for DUI (including the ticket issued in connection with the collision with Collins), but that the prior two incidents were in North Carolina in 1967. There was no evidence that Jones knew of the prior DUI incidents. Both Jones and Everidge testified that Jones had admonished Everidge not to drink and drive the truck.

“Under the theory of negligent entrustment, ‘liability is predicated not on the doctrine of respondeat superior but on a negligent act of the owner in lending his automobile to another to drive, with actual knowledge that the driver is incompetent or habitually reckless, and this negligence must concur, as a part of the proximate cause, with the negligent conduct of the driver on account of his incompetency and recklessness. [Cits.]’ Saunders v. Vikers, 116 Ga. App. 733, 735 (158 SE2d 324).” May v. Phillips, 157 Ga. App. 630, 631 (278 SE2d 172) (1981). It was incumbent on appellants, in opposing Jones’ motion for summary judgment to show that Jones[*711] had “ ‘actual knowledge of a pattern of reckless driving ox facts from which such knowledge could be reasonably inferred in order to preserve the issue for jury determination.’ ” (Emphasis supplied.) May v. Phillips, Id., at p. 631.

Decided March 17, 1982. R. M. Bernhardt, Graham James Purpura, James T. Perry, for appellants. Al Johnson, Mike Treadaway, for appellees.

Even assuming that appellants produced evidence that Everidge may have been an incompetent or reckless driver, we see no evidence either direct or circumstantial that Jones had any actual knowledge of a pattern of recklessness or any incompetency on the part of Everidge. See Jones v. Cloud, 119 Ga. App. 697 (168 SE2d 598) (1969). Cf. Thompson v. Bolton Chevrolet, 125 Ga. App. 369 (187 SE2d 574) (1972). Thus, the trial court was correct in granting summary judgment in favor of Jones on the issue of negligent entrustment.

3. Appellants’ other enumeration of error is totally without merit.

Judgment affirmed.

Shulman, P. J., and Birdsong, J., concur.