In this civil action, Barbara Jean Solley filed several tort claims against her former boyfriend, Jimmy Mullins, and her former employer, Mullins Trucking Company, Inc., for injuries she suffered as a result of Jimmy attacking her after he had become intoxicated at a party hosted by Mullins Trucking. Following the grant of Mullins Trucking’s motion for summary judgment, Solley appeals, arguing that the trial court erred in finding that Mullins Trucking was entitled to judgment as a matter of law on her claim that it was negligent in failing to stop a dangerous activity of which it was aware. 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 Jimmy Mullins is the sole officer and shareholder of Mullins Trucking. In 1998, Solley and Jimmy began dating, and shortly thereafter, Jimmy hired Solley to work as the office manager for Mullins Trucking. As it had for the three previous years, in March 2006, Mullins Trucking hosted an excursion to Savannah, Georgia, for its employees and business associates to enjoy the city’s Saint Patrick’s Day festivities. On behalf of the company, Solley booked the entire floor of a local hotel for several days leading up to and through the holiday, and the company provided food and drink for its guests. In addition, Jimmy purchased approximately $700 worth of alcoholic beverages and set up the room in which he and Solley were staying as a hospitality suite, where Mullins Trucking’s employees and guests could get drinks.
On March 17, 2006, Jimmy and Solley left the hotel that morning to watch the Saint Patrick’s Day parade. Jimmy began drinking before the parade and continued drinking throughout the day. Later that afternoon, Solley and Jimmy returned to the hotel’s bar where Jimmy continued drinking. Eventually, Solley left Jimmy at the hotel’s bar so that she could prepare for the dinner party that Mullins Trucking was hosting at the hotel later that evening. At the dinner party, Jimmy appeared intoxicated, and he abruptly left the dinner when Solley told him that he should stop drinking. After the dinner concluded, Solley found Jimmy outside of the hotel where he was attempting to get his car keys from another co-worker so he could drive back home to South Carolina. Solley took Jimmy’s keys and told him that he was in no condition to drive, at which point Jimmy returned to the hotel room that he and Solley were sharing. Shortly thereafter, Solley also returned to the room. There, Jimmy began questioning her about a past boyfriend. When Solley did not respond to his questions, Jimmy knocked her out of the chair in which she was sitting, grabbed her by the throat, and threatened to kill her. A struggle ensued, during which Jimmy injured Solley’s face and nearly suffocated her. Ultimately, the noise caused by the struggle alerted hotel staff, who came to Solley’s aid and called the police. Solley was taken to the hospital to be treated for her injuries. Jimmy was arrested and was eventually tried and convicted of making terroristic threats.
