Georgia Auto Repair Shop Not Responsible for Accident Caused by Employee During His Lunch Break

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It is a longstanding rule in Georgia that employers are “vicariously liable” for torts committed by their employees. In other words, if you are hit by a delivery van that runs a red light, you can sue the company that employs that driver for damages. But there is an important caveat to this rule–the driver must have been “acting within the scope of his employment” at the time of the accident. If the driver was actually running a personal errand, even in a company-owned car, then the employer is not legally responsible.

Mannion & Mannion, Inc. v. Mendez

A recent decision from the Georgia Court of Appeals, Mannion & Mannion, Inc. v. Mendez, illustrates what we are talking about. This personal injury case arose from a March 2016 auto accident. A mechanic, one of the defendants here, left his employer’s business to take his lunch break. The mechanic did not have a set lunch time and did not have to “clock out”; he simply told his co-workers he was leaving.

The mechanic left his employer’s building in his girlfriend’s car. He took a work-related call while in the car but was not otherwise acting on his employer’s behalf. While driving, the defendant struck another vehicle, injuring the plaintiff in this case.

The plaintiff sued both the mechanic and his employer, the latter under the rule of vicarious liability. The employer moved for summary judgment, arguing that at the time of the collision, the mechanic was not acting within the scope of his employment. The trial judge denied the employer’s motion but granted it permission to file an immediate appeal.

After reviewing the case, the Court of Appeals said the defendant was, as a matter of law, entitled to summary judgment. The appeals court said the uncontested evidence showed the mechanic was on his lunch break when he hit the plaintiff. This was, by definition, a personal errand unrelated to his job.

The plaintiff did argue there was evidence suggesting the mechanic was actually on his way to pick up a part for his employer. If true, that would at least create a contested issue with respect to vicarious liability. But the Court of Appeals said that all the plaintiff could offer on this point was “conjecture and speculation.” For example, the plaintiff could only establish the mechanic was “driving in the direction of the parts distributor” just before the accident. And even though the employer “could call employees on their lunch break and instruct them to run an errand or return to work,” there was no evidence suggesting this happened on the day in question.

More to the point, the defense offered testimony from multiple employees who said they heard the mechanic say he was leaving to take his lunch break. As for picking up a part, a representative of the distributor testified they made arrangements to deliver the item–again confirming the mechanic was not on his way to pick it up.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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