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Hicks v. Heard

A part-time as-needed employee's prior speeding citation and involvement in a prior minor accident was insufficient to establish her incompetence or a pattern of reckless driving.

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In this personal injury action, Bonnie Hicks sued Jessica Heard and Mark Heard Fuel Company the “Company” for injuries she sustained as a result of an automobile accident. Hicks appeals an order granting summary judgment to the Company, contending that the trial court erred in finding that the Company was not liable under the theories of vicarious liability and negligent entrustment. For the reasons set forth below, we 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; Britt v. Kelly & Picerne, Inc. 1 “On appeal from the grant or denial of a motion for summary judgment, we review the evidence de novo, and all reasonable conclusions and inferences drawn from the evidence are construed in the light most favorable to the nonmovant.” McCaskill v. Carillo .2

So construed, the evidence shows that Samuel Heard is the vice president and co-owner of the Company and that Jessica Heard is his daughter. In 2004, Jessica was employed part-time by the Company to perform clerical work on an “as needed” basis. For her personal and work-related use, Jessica drove a sport utility vehicle, which was owned at the time by the Company. Around noon on July 13, 2004, Jessica was driving home from school when she collided into the rear-end of a vehicle, which had stopped behind some other vehicles that were waiting to turn left. The vehicle that Jessica hit subsequently collided into the back of Hicks’s vehicle.

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