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Travis v. QuikTrip Corp.

The trial court erred in granting summary judgment to defendant gas station in plaintiff's suit arising after he was hit by a car while delivering gasoline to the station.

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On July 12, 2011, Harold Travis, who was employed as a tanker driver for Petroleum Transport Company PTC, was delivering a load of gasoline to a QuikTrip Corporation QT gas station managed by Lloyd Thompson the Station when he was struck by a vehicle driven by Jose Leon. Travis brought suit against, inter alia, Leon,1 QT, and Thompson seeking to recover medical expenses, lost wages, and other damages resulting from the collision. The trial court subsequently granted summary judgment to QT and Thompson, and Travis appeals. We reverse for the reasons set forth below.

Summary judgment is proper when there is no genuine issue of material fact as to any essential element of a claim and the movant is entitled to judgment as a matter of law. Citation omitted. Word of Faith Ministries, Inc. v. Hurt, 323 Ga. App. 296, 296 746 SE2d 777 2013. In reviewing the grant of summary judgment, we consider the evidence de novo, viewing the evidence and all reasonable conclusions and inferences to be drawn from it in the light most favorable to Travis, as the nonmovant. Id.

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