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Padilla v. Medrano

The trial court erred in failing to address the plaintiff's motion to substitute another party as a defendant before granting the only defendant's motion for summary judgment.

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Alexander Padilla appeals the order granting summary judgment to Ermes Medrano in this personal injury action. He argues that the trial court erred by refusing to substitute Medrano Flooring and General Contractors, Inc. as the defendant. We vacate and remand the case to the trial court to rule on Padilla’s motion to substitute before ruling on Ermes Medrano’s motion for summary judgment, given the trial court’s finding in its order granting summary judgment that Medrano Flooring is the proper party.

Padilla filed a personal injury action against Ernesto Cruz-Martinez and Ermes Medrano d/b/a Medrano Flooring and General Contractors, Inc. arising out of a collision between one vehicle and a retaining wall. Padilla was a passenger, Cruz-Martinez was the driver, and Ermes Medrano was the owner of the vehicle. Cruz-Martinez moved for summary judgment. The trial court granted summary judgment to Cruz-Martinez on the ground that he and Padilla were co-employees and Padilla’s action was thus barred by the exclusive remedy provision of the Workers’ Compensation Act, OCGA § 34-9-11 a. In October 2013, we affirmed the grant of summary judgment pursuant to Court of Appeals Rule 36.

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