Leola D. Williams appeals the trial court’s order granting defendant Baker County’s motion for summary judgment in her civil tort action for damages incurred when the vehicle she was driving was struck by a vehicle driven by William H. Land, an employee of the County. For the reasons set forth below, we affirm the judgment of the trial court. To prevail at summary judgment under OCGA § 9-11-56, 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. A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.1 Once the moving party meets this burden, the nonmoving party may not rest on its pleadings, but must instead come forth with evidence establishing a triable issue.2 On appellate review of a ruling granting summary judgment, we review the evidence de novo to determine whether the trial court erred in concluding that no genuine issue of material fact remains and that the moving party was entitled to judgment as a matter of law.3 Viewed in the light most favorable to Williams as the non-moving party, the record reveals that at approximately 2:40 p.m. on February 8, 2006, the car that Williams was driving was struck by a vehicle owned and driven by Land. Seeking damages for personal injuries and medical expenses incurred in the automobile accident, as well as punitive damages, attorney fees, and costs, Williams brought the underlying action for negligence against Land and, based on theories of respondeat superior and negligent hiring, against the County.
At the time of the accident, Land was employed by the County as a maintenance worker and was on the County payroll from 9:00 a.m. to 5:00 p.m. daily. He carried a radio phone, provided by the County, so that Evelyn Phillips, the County manager, could keep in touch with him during working hours. If Land needed a vehicle to conduct County business, he would obtain the keys to a County vehicle from Phillips or her assistant; he was not expected to conduct County business using his own vehicle. Land and an employee of the City of Newton, Tommy D. Williams, Jr. “Tommy”, routinely worked together in a “shared arrangement,” sometimes on County work, sometimes on City work, with their time split about fifty/fifty between County and City work. Phillips, whose duties involved managing the day-to-day operations of the County, testified by deposition that she initially proposed the shared arrangement whereby Tommy and Land worked together on City and County projects; that this collaboration was acceptable to the County; and that Land was authorized to repair and service City equipment while he was working for the County. According to Phillips, Land worked under Tommy’s supervision. In his deposition, Tommy testified that the collaborative effort benefitted both the City and the County.
