These cases arose when a tractor-trailer driven by Johnny Moody struck a pickup truck driven by Jimmy McLaine, which forced McLaine’s truck into a tractor being driven by Bradford Register. The collisions resulted in the deaths of McLaine, his five-year-old daughter, May Angelyne “Macy”, and Register’s two-year-old son, Brance. Register and his five-year-old son, Brennen, were critically injured. The injured individuals, as well as the families of the deceased and injured hereinafter, collectively referred to as “the plaintiffs”, filed wrongful death and personal injury claims1 against Peggy and John McLeod, d/b/a Container South Export & Import Service hereinafter, “Container South” and other defendants. The plaintiffs contended that Container South was serving as a motor carrier and the de facto employer of the tractor-trailer driver, Johnny Moody, at the time of the collision and, therefore, Container South was vicariously liable for Moody’s negligence.2 They also asserted that Container South was directly liable for negligently hiring Moody. Container South filed a motion for summary judgment, contending that Moody and his employer, Kight Trucking, were independent contractors, that Container South did not negligently retain Moody, and that Moody was on a personal mission at the time of the collision. The trial court granted the motion after concluding that the evidence of Container South’s limited involvement in directing how its goods were shipped was insufficient as a matter of law to impose vicarious liability on Container South for Moody’s negligence.3 The plaintiffs appeal, contending the court erred in granting summary judgment because material issues of fact remain as to whether Container South was liable for Moody’s negligence. The cases were consolidated on appeal. For the following reasons, we find no error and affirm.In order to prevail on a motion for summary judgment under OCGA § 9-11-56, the moving party must show that there exists no genuine issue of material fact, and that the undisputed facts, viewed in the light most favorable to the nonmoving party, demand judgment as a matter of law. Moreover, on appeal from the denial or grant of summary judgment the appellate court is to conduct a de novo review of the evidence to determine whether there exists a genuine issue of material fact, and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.Citations and punctuation omitted. Benton v. Benton , 280 Ga. 468, 470 629 SE2d 204 2006. So viewed, the record shows the following facts. Kight Trucking Company provided tractor-trailers and drivers to ship products for cargo brokers. Kight Trucking owned, insured and maintained the trucks its drivers used to transport cargo. Kight Trucking’s name and its United States Department of Transportation “U. S. DOT” number was printed on the side of the trucks.
Container South is a cargo property broker which arranges for the shipment of agricultural goods of third parties to various ports by brokering the loads with approximately 40 different carriers. Container South has contracts with each of the carriers which provide that each carrier is responsible for its own drivers and equipment, is required to provide competent tractor-trailer drivers, is required to maintain liability insurance, and is solely responsible for the drivers’ salaries, workers compensation coverage, and taxes. Container South does not own any of the equipment used by the various carriers to transport cargo. According to Peggy McLeod, owner of Container South, when her company receives an order for a pickup or delivery of cargo, she arranges for one of the carriers to send a tractor-trailer to transport the goods. The carriers are free to accept or reject shipping assignments, and, if a carrier rejects an assignment, McLeod simply arranges for a different carrier to transport the cargo.
