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Metropolitan Atlanta Rapid Transit Auth. v. Morris

The trial court properly denied defendant MARTA's motion for directed verdict in a personal injury suit, because the evidence sufficiently established that a bus driver who sideswiped the plaintiffs' vehicle and drove away was a MARTA employee acting in the course and scope of his employment.

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Kimberly Morris and Marlon Hatchett filed a personal injury suit against the Metropolitan Atlanta Rapid Transit Authority MARTA, alleging that it was vicariously liable for the negligence of an unidentified MARTA bus driver who struck their vehicle. Following a trial, the jury returned a verdict for the plaintiffs. MARTA appeals, contending that 1 the trial court erred in denying its motion for directed verdict, 2 the trial court erred in refusing to instruct the jury on the plaintiffs’ negligence, and 3 the jury was not authorized to award attorney fees. For the reasons that follow, we affirm.

Construed in favor of the verdict,1 the evidence shows that on November 19, 2011, Morris and Hatchett arrived in Atlanta and checked into their hotel on Peachtree Street. They left the hotel and had dinner at a restaurant. At dinner, Morris had one margarita. After dinner, around 10:30 p.m., they drove back toward the hotel.

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