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Eco-Clean Inc. v. Brown

The Court of Appeals affirmed the judgment entered on the verdict in favor of the plaintiff in his action seeking to recover for injuries he sustained when he fell from the running board of Georgia Tech's Model A mascot car.

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Nicholas Brown was standing on the running board of Georgia Tech’s Model A mascot car while it was being driven from a fraternity house to a garage. When the car turned a corner, the handle Brown was holding detached from the car and Brown fell, striking his head on the ground. Brown sued the Board of Regents of the University System of Georgia, which owned the Georgia Tech car, and Eco-Clean, Inc., which had refurbished the car two years earlier. He asserted that the defendants were directly or vicariously liable for negligently installing or maintaining the handle that detached from the car, that the Board of Regents negligently promoted the unsafe use of the car by students on public roads, and that the Board of Regents was vicariously liable under The Georgia Tort Claims Act, OCGA § 50-21-20 et seq., for any negligence on driver’s part while he was maintaining the car on the Board’s behalf.

The case was tried before a jury. After Brown rested, both defendants moved for directed verdicts, which the trial court denied. The jury awarded Brown $2 million in damages but decided that Brown was 32 percent liable for his damages, Eco Clean 34 percent liable, and the Board of Regents 34 percent liable. The trial court entered judgment against the two defendants for $680,000 each. The defendants appeal, and for the reasons that follow, we affirm.

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