Clarendon Nat'l Ins. Co. v. Johnson

The defendants could not be vicariously liable for a motor vehicle accident involving a commercial box truck, since they were not statutory employers under the Federal Motor Carrier Safety Regulations.

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Clarendon National Insurance Company “Clarendon”, American Trans-Freight, LLC, ATF Trucking, LLC, and ATF Logistics, LLC appeal from a jury verdict in favor of Brent Johnson in this personal injury case arising out of an accident involving a commercial box truck.1 Appellants assert that the trial court erred: 1 by denying their motions for directed verdict and judgment notwithstanding the verdict on the issues of vicarious liability and stubborn litigiousness; 2 by admitting into evidence a contract and a bill of lading; and 3 in its charge to the jury. For the reasons set forth below, we reverse. The standard of review for granting motions for directed verdict and for j.n.o.v. is the same. They may be granted only when no conflict exists in the evidence and the evidence presented, with all reasonable inferences therefrom, demands a particular verdict. On appellate review of the denial of either motion, we construe the evidence in the light most favorable to the verdict and resolve any doubts or ambiguities in favor of the verdict.American Assoc. of Cab Companies v. Parham , __Ga. App.__ Case No. A7A1785, decided March 21, 2008.

The record shows that on August 28, 2003, Robert Wesley Carnley crossed into the opposite lane of travel and collided with a pick-up truck driven by Johnson when Carnley was unable to stop behind a car that had stopped in an intersection. Carnley told a police officer after the accident that “he was running too fast to stop.” Carnley admitted liability at trial and testified that the accident happened when he “rounded a curve and the sunlight was in my eyes and cars stopped in the road and I just misjudged.” Carnley is legally blind in his right eye and did not possess a commercial driver’s license at the time of the accident. Johnson’s injuries from the accident included “fairly severe fracture dislocations” of his left leg that required multiple surgeries to repair and resulted in permanent partial disability.

Clarendon Nat'l Ins. Co. v. Johnson

The defendants could not be vicariously liable for a motor vehicle accident involving a commercial box truck, since they were not statutory employers under the Federal Motor Carrier Safety Regulations.

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