CopyCited 3 times | Published | Supreme Court of Georgia | Mar 8, 2022
...SAM’S EAST, INC.
BETHEL, Justice.
This case involving personal injury claims arising from an
automobile accident is before this Court on three certified questions
from the United States District Court for the Middle District of
Georgia. The questions seek this Court’s interpretation of OCGA §
40-6-248.1 (b), which provides that “[n]o person shall operate or load
for operation, on any public road, any vehicle with any load” unless
the load and any covering thereon is “securely fastened” and
whether this Code section applies to a tort claim. Our responses to
the questions certified, as explained more fully below, can be
summarized as follows: (1) OCGA §
40-6-248.1 (b) imposes a duty on
a person assisting the operator of a vehicle with loading
merchandise onto the vehicle to securely fasten the load; (2) a person
assisting in loading a vehicle may be liable in tort for injuries to a
third party resulting from a breach of his or her duty to secure that
load (and any covering thereon); and (3) when serving as the basis
for a civil tort suit, a violation of OCGA §
40-6-248.1 (b) (1) is subject
to ordinary tort principles and defenses.1
1....
...punitive damages. After Sam’s East filed a motion for summary
judgment and McEntyre filed a cross-motion for partial summary
judgment, the district court stayed the proceedings and certified the
following questions to this Court:
(1) Does OCGA §
40-6-248.1 (b) (1) require a person
— who is assisting the operator of a vehicle to load
merchandise onto said vehicle — to “securely fasten” the
load to the vehicle?
(2) Under OCGA §
40-6-248.1 (b) (1), would a person
— who assists in loading or securing a load to a vehicle
but is not operating the vehicle — be liable to a third party
who is injured while the vehicle is in operation on a public
road as a result of the load becoming loose, detached, or
in any manner . . . a hazard to other users of the public
3
road?
(3) Under OCGA §
40-6-248.1 (b) (1), does the
occurrence of a load becoming loose, detached, or in any
manner . . . a hazard to other users of the public road
necessarily mean that the load was not securely fastened?
That is to say, is OCGA §
40-6-248.1 (b) (1) a strict liability
statute?
2. The district court’s certified questions call upon us to
interpret the meaning of OCGA §
40-6-248.1 (b) (1), which provides:
(b) No person shall operate or load for operation, on
any public road, any vehicle with any load unless such
load and any covering thereon is securely fastened so as
to prevent such cov...
...forms the legal background of the statutory provision in
question.
(Citations and punctuation omitted.) Mobley v. State,
307 Ga. 59, 69
(4) (a) (834 SE2d 785) (2019).
(a) The first question the district court asked is whether OCGA
§
40-6-248.1 (b) (1) requires a person to “securely fasten” the load
when he or she is merely assisting the operator of a vehicle in
loading it....
...See OCGA §
16-2-20 (establishing party to a crime criminal
liability); Fed. Deposit Ins. Corp. v. Loudermilk,
305 Ga. 558, 572-
574 (2) (826 SE2d 116) (2019) (discussing “concerted action” as the
basis for tort liability). Contrary to Sam’s East’s argument, OCGA §
40-6-248.1 (b) (1) does not contain any language restricting the duty
it sets out only to those who have “control” over the operation of the
vehicle....
...c road are all engaged in
loading the vehicle, and therefore would all have a duty to secure
6
the load and any covering thereon under the statute. That duty is
owed to “other users of the public road.” OCGA §
40-6-248.1 (b) (1)
(providing that such duty is “to prevent such covering or load from .
....
...that may flow
from the plain text of the statute enacted by the General Assembly
may be mitigated by application of traditional tort principles of
proximate cause.
(b) The remaining questions posed by the district court asked
whether OCGA §
40-6-248.1 (b) (1) is a “strict liability” statute such
that the occurrence of a load becoming loose, detached, or in any
manner a hazard to other users of the public road necessarily means
that the load was not securely fastened, and wheth...
...App. 362, 363 (6) (173 SE2d 741) (1970) (one who sets off an explosive blast
“is absolutely liable to the injured party, despite the exercise of due care”).
9
context).3
Here, the provisions of OCGA §
40-6-248.1 (b) do not explicitly
provide for strict liability in the context of a civil tort action, but
rather provide the basis of the underlying duty....
...and any covering thereon. When a person is allegedly injured by
such a load or covering falling on a public road, ordinary principles
of negligence apply, meaning that the plaintiff must establish a
3 We recognize that a violation of OCGA §
40-6-248.1 (b) is also a
misdemeanor criminal offense. See OCGA §
40-6-249 (providing that violations
of OCGA §
40-6-248.1 are misdemeanors and shall be punished as set forth in
OCGA §
16-7-43); see also OCGA §§
16-7-43 (b) (1), (2) (providing that
violations of OCGA §
16-7-43 (a) are misdemeanors and that violators may be
directed by the court to pick...
...And these sorts of “Rules of the Road”
offenses are sometimes referred to as “strict liability” crimes. See State v.
Ogilvie,
292 Ga. 6, 8 (2) (a) (734 SE2d 50) (2012); see also Semones,
200 Ga.
App. at 3-4 (trial court did not err in determining that violation of the
predecessor to OCGA §
40-6-248.1 (b), when defendant failed to secure chairs
in his vehicle before operating it on a public roadway, was a strict liability
criminal offense)....
...A
trial court cannot presume that in every instance where a load has
become loose, detached, or in any manner a hazard to other users of
the public road that the load was not securely fastened and that any
4 Because the question is not posed to us, we need not answer whether a
violation of duty imposed by OCGA §
40-6-248.1 (b) may provide the basis for
asserting a claim of negligence per se....