George Campbell sued Savannah Motors, Inc. to recover for injuries he allegedly suffered while working as an independent contractor on the Savannah Motors premises. After a tank containing helium gas fell over and struck Campbell, he claimed that Savannah Motors was liable for his injuries because it negligently failed to keep its premises safe for invitees in violation of OCGA § 51-3-1, and because it was vicariously liable on the basis that one of its employees negligently knocked over the tank. OCGA § § 51-2-1 a; 51-2-2. Campbell appeals from the trial court’s grant of summary judgment in favor of Savannah Motors on both claims. We affirm the grant of summary judgment on the premises liability claim under OCGA § 51-3-1, and reverse the grant of summary judgment on the vicarious liability claim. To obtain summary judgment, “the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. OCGA § 9-11-56 c.” Lau’s Corp. v. Haskins, 261 Ga. 491 405 SE2d 474 1991. Viewed in the light most favorable to Campbell, the relevant facts are as follows. Campbell was working on the Savannah Motors premises as an independent contractor for National Marketing Associates, Inc., a company contracted by Savannah Motors to conduct a week-long car sales event. Campbell participated along with National Marketing and Savannah Motors employees in “ballooning up the lot,” for the sale using helium to fill promotional balloons to attach to the cars. About eight helium tanks were stored in an office space which was used by Savannah Motors during the sale to provide a buffet-style lunch to Savannah Motors and National Marketing employees. Campbell was allegedly injured while waiting in line for lunch when someone accidentally bumped into a helium tank and knocked it over and onto him. A Savannah Motors employee testified that he saw a National Marketing employee accidentally bump into and knock the tank over causing it to hit Campbell. Although Campbell testified that he did not see who knocked the tank over, he said that, immediately after the tank hit him, he saw a Savannah Motors manager “scolding” a Savannah Motors employee for knocking over the tank.
There is no evidence that the helium tanks were unstable, easy to knock over, or otherwise constituted a hazard because they were likely to fall over and injure someone. To the contrary, evidence showed that the tanks were in a clearly visible location and had stable bases about two feet wide. Similar helium tanks were commonly used by Savannah Motors and other car dealerships around the country during sales events, but there was no evidence that a tank at Savannah Motors or anywhere else had previously been knocked over or had fallen on anyone. Although there was evidence that the office was crowded with people for lunch, there was no evidence that the office was so small or crowded that people exercising ordinary care could not avoid contact with the clearly visible tanks. Campbell, who had worked with helium tanks at many sales around the country, testified that he had never previously heard of a tank falling on anyone and characterized the present event as a “freak accident.”
