Liability of party hiring crane for operator's negligence.

- For a discussion of the liability of a hirer of a crane for the negligence of the crane operator in lifting a concrete hopper, see Sims Crane Serv., Inc. v. Ideal Steel Prods., Inc., 750 F.2d 884 (11th Cir. 1985).

Because a contract between a crane owner and a general contractor stated that the owner's employee was a borrowed servant, a trial court correctly granted summary judgment in a negligence action arising from injuries resulting from the crane operation. Tim's Crane & Rigging, Inc. v. Gibson, 278 Ga. 796, 604 S.E.2d 763 (2004).

Trial court erred in granting summary judgment to the Georgia Ports Authority on the issue of liability in its breach of contract action against a lessee because neither the parties' contract for the lease of a gantry crane, nor the other evidence before the trial court, established that a crane operator was the lessee's borrowed servant as a matter of law under O.C.G.A. § 44-12-62(b). Cooper/T. Smith Stevedoring Co. v. State of Ga., 317 Ga. App. 362, 730 S.E.2d 168 (2012), cert. denied, No. S12C2016, S12C2023, 2013 Ga. LEXIS 34, 51 (Ga. 2013).

Liability of employer for tractor carrying trash.

- Because an employer, as bailor, sent the employer's own employee with the thing bailed, a tractor with attached trash trailer, under O.C.G.A. § 44-12-62(b), a contractor, as the hirer, was liable only for the consequences of the hirer's own directions or for the hirer's gross negligence; the trial court erred in concluding that the contractor was entitled to summary judgment on the basis that the employee was not a borrowed servant because the evidence presented at least a factual issue regarding whether the employee was the contractor's borrowed servant since there was evidence that the contractor alone supervised the employee's work hauling debris, that the contractor controlled the employee's schedule for each day, and that the contractor dictated which landfill would receive the debris and when a load was ready. Coe v. Carroll & Carroll, Inc., 308 Ga. App. 777, 709 S.E.2d 324 (2011).

Status as employee or servant genuine issue of material fact.

- Whether a backhoe operator remained an employee of the defendant contractor or became a servant of the plaintiff's employer upon renting the backhoe from the defendant is a genuine issue of material fact. Mitchell v. Burden Bros., 126 Ga. App. 75, 189 S.E.2d 909 (1972).

Cited in Tyner & Blackmon v. Fryer Truck & Tractor Co., 83 Ga. App. 393, 63 S.E.2d 695 (1951); Ray Wright Enters., Inc. v. Reaves, 128 Ga. App. 745, 197 S.E.2d 856 (1973); Dove v. National Freight, Inc., 138 Ga. App. 114, 225 S.E.2d 477 (1976); Camp v. T.E. Cline, Inc., 141 Ga. App. 328, 233 S.E.2d 280 (1977); Reliance Ins. Co. v. Bridges, 168 Ga. App. 874, 311 S.E.2d 193 (1983).

Am. Jur. 2d.

- 8 Am. Jur. 2d, Bailments, § 83 et seq.

C.J.S.

- 8 C.J.S., Bailments, § 31.

ALR.

- Relation between customer and broker receiving bonds or other securities for sale or exchange, 52 A.L.R. 501.

Liability of bailee for damage to or destruction of subject of bailment by servant acting for his own purposes or in violation of his instructions, 52 A.L.R. 711.

Duty and liability of fair association, or other bailee, as regards articles entrusted to it for exhibition or display, 139 A.L.R. 931.

Who is member of the immediate family within automobile lease provision restricting use of rented automobile to customer and members of his immediate family, 80 A.L.R.3d 1170.

Liability of owner or bailor of horse for injury by horse to hirer or bailee thereof, 6 A.L.R.4th 358.