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Department of Human Resources v. Crews

Under ordinary circumstances, an employee of a community service board is not an agent of the state Department of Human Resources.

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David Crews d/b/a Crews Mobile Home Service “Crews” sued the Department of Human Resources “DHR”, alleging that his business was damaged when a Crews company truck was struck by a vehicle driven by an “agent” of DHR. DHR moved to dismiss the complaint on the ground that the driver who struck Crews’ truck was not a DHR employee. The trial court denied the motion, and we granted DHR’s application for interlocutory appeal. For reasons that follow, we reverse. A motion to dismiss should be granted when the “complaint shows with certainty that the plaintiff would not be entitled to relief under any state of facts that could be proven in support of his claim.”1 On appeal, we review the trial court’s ruling on a motion to dismiss de novo.2

The following facts are not in dispute. On February 12, 2002, a truck driven by Lonnie James Thomas collided with a vehicle owned by Crews and driven by George Anderson, a Crews employee. At the time of the collision, Thomas was employed by the Satilla Community Service Board “SCSB”.

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