Wood v. B&S Enterprises Inc.

The trial court did not err in charging the jury on the special mission doctrine as it applied to the theory of respondent superior, where no evidence showed that the employee drove himself and several co-workers to work on the morning of the accident at the employer's direction.

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In this wrongful-death action, Janet Wood, on behalf of the estate of her deceased husband, sued B&S Enterprises, Inc., alleging that the company was vicariously liable for the negligence of its employee, who fatally injured Daniel Wood in a motor-vehicle accident. Following a jury verdict and judgment in favor of B&S Enterprises, Wood appeals, arguing that the trial court erred in 1 charging the jury on the “special mission” doctrine, 2 refusing to charge the jury that use of a cell phone may constitute acting within the scope of one’s employment, 3 denying the jury’s request that certain testimony be repeated, 4 failing to excuse a potential juror for cause, and 5 finding that sufficient evidence supported the jury’s verdict. For the reasons set forth infra , we affirm. Construed in favor of the verdict,1 the evidence shows that B&S Enterprises is a small construction company, which is solely owned and operated by George Barker. Other than Barker, B&S does not have any full-time employees. Instead, B&S hires independent contractors to assist Barker with various residential construction projects, usually involving the framing of houses. B&S pays those contractors for hours worked at the end of each week and does not withhold any taxes from their paychecks.

In the early morning hours on August 11, 2008, Francisco Esquibel —who had worked as an independent contractor for B&S on numerous occasions —was driving northbound on Georgia Highway 59, along with several co-workers, and was heading toward B&S’s workshop, which is located across the street from Barker’s home.2 As Esquibel approached Industrial Park Drive, he failed to notice that motorcyclist Daniel Wood had stopped to turn left at the intersection but was waiting for an oncoming motorist to turn right before he could do so. Consequently, Esquibel’s vehicle never slowed and instead collided into the back of Wood’s motorcycle. And as a result of the impact, Wood was thrown nearly 100 feet down the road and instantly killed.

Wood v. B&S Enterprises Inc.

The trial court did not err in charging the jury on the special mission doctrine as it applied to the theory of respondent superior, where no evidence showed that the employee drove himself and several co-workers to work on the morning of the accident at the employer's direction.

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