This is the third appeal that has come before this Court stemming from the events of February 1, 2008, when Matthew Dailey, an intoxicated, off-duty City of Duluth “the City” police officer, attacked appellant Leresa Graham and others, including another off-duty police officer, Paul Phillips, who came to Graham’s aid. In Dailey v. State, 313 Ga. App. 809 723 SE2d 43 2012, we affirmed Dailey’s conviction on multiple crimes against four victims based on his actions that day. In Phillips v. City of Duluth, 322 Ga. App. XXIV March 27, 2013 unpublished, we affirmed without opinion the trial court’s grant of summary judgment to the City of Duluth and two of its police department officials after Phillips filed suit against those defendants seeking damages for the injuries he suffered during the attack. Graham also brought suit1 against the City, the two police department officials and Dailey, and after dismissal of her claims against the two police officials,2 the trial court granted summary judgment to the City on Graham’s remaining claims based on respondeat superior and negligent hiring and retention. Graham now appeals from that order.
The relevant circumstances surrounding Dailey’s employment with the City of Duluth Police Department “Department” are as follows. Dailey submitted his application for employment to the Department in September 2002, indicating that he was currently certified as a police officer under Georgia law. The application contained a specific section on drug and alcohol use, under which Dailey indicated that he had never been arrested because of alcohol consumption or drug use, had never been disciplined or terminated from employment because of drug or alcohol use, had never called in sick because of drug or alcohol use, and during the past ten years, had never used alcohol during working hours. Further, Dailey also represented that he had never been arrested or convicted of any criminal offense or placed on parole or probation. There is no evidence in the record that any of Dailey’s responses were false at the time they were made.
