Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Zaldivar v. Prickett

The defendant was not entitled pursuant to the apportionment statute to ask a jury to determine that the plaintiff's non-party employer shared a percentage of the fault for the plaintiff's injuries because the employer negligently entrusted the plaintiff with one of its vehicles.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

This appeal addresses the question whether, pursuant to OCGA § 51-12-33 c of Georgia’s apportionment statute, a defendant may ask a jury to determine that a non-party plaintiff’s employer shares a percentage of the fault for the plaintiff’s injuries because the employer negligently entrusted the plaintiff with one of its vehicles. Granting partial summary judgment to the plaintiff, the trial court answered this question in the negative. Because under the facts of this case the actions of the plaintiff’s employer did not “contribute” to the plaintiff’s alleged injury or damages, OCGA § 51-12-33 c is not applicable, and we therefore affirm.

Summary judgment is proper 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. We review a grant or denial of summary judgment de novo and construe the evidence in the light most favorable to the nonmovant. Home Builders Assn. of Savannah v. Chatham County, 276 Ga. 243, 245 1 577 SE2d 564 2003.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Multifamily Fall 2024
October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
California Legal Awards 2024
October 15, 2024
Los Angeles, CA

Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.


Learn More
Texas Legal Awards 2024
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
Go to Events Go to Webcasts
Plaintiff Personal Injury Attorney

Javerbaum Wurgaft, a large civil litigation firm with nine (9) offices, seeks: Plaintiff Personal Injury Attorney for Northern New Jersey of...


Apply Now ›
Attorney Associate

Mid sized NYC Personal Injury Defense Firm seeking to immediately hire several attorneys to join our firm. Preferred candidates are those w...


Apply Now ›
Litigation Associate Attorney

Mid-size Parsippany based law firm with a statewide practice is searching for a full-time motivated associate litigation attorney with 3-5 y...


Apply Now ›
Go to Lawjobs