MasTec N. Am. Inc. v. Wilson

The trial court erred in denying partial summary judgment to the defendant employer and its commercial truck driver employee on the plaintiff's claims arising from an automobile collision, as the facts did not support the award of punitive damages against either defendant as a matter of law.

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Pursuant to a granted application for interlocutory appeal, MasTec North America, Inc. “MasTec”, and Gregory Piccione, defendants below, challenge an order of the State Court of Carroll County denying their joint motion for partial summary judgment on Gilda Wilson’s claims for punitive damages and for negligent hiring, retention, supervision, and entrustment, in this suit arising from an automobile collision. Because Piccione and MasTec demonstrated that they were entitled to judgment in their favor on these claims, the trial court erred in denying the motion. Consequently, we reverse the court’s order.

A grant of summary judgment is appropriate when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. “Summary judgments enjoy no presumption of correctness on appeal, and an appellate court must satisfy itself de novo that the requirements of OCGA § 9-11-56 c have been met.” Citations omitted. Cowart v. Widener, 287 Ga. 622, 624 1 a 697 SE2d 779 2010. “Thus, to prevail on a motion for summary judgment, the moving party must demonstrate that there is no genuine issue of material fact, so that the party is entitled to judgment as a matter of law.” Citations and punctuation omitted. Id. at 623 1 a. We view the evidence of record, as well as all inferences that might reasonably be drawn from that evidence, in the light most favorable to the nonmoving party. Id. at 624 1 a.

MasTec N. Am. Inc. v. Wilson

The trial court erred in denying partial summary judgment to the defendant employer and its commercial truck driver employee on the plaintiff's claims arising from an automobile collision, as the facts did not support the award of punitive damages against either defendant as a matter of law.

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