Maria Franco and Ron Harter appeal from an order granting summary judgment to Troy Cox in their action for damages arising from a boat/jet ski collision on Lake Lanier, contending that the summary judgment was erroneous for several reasons. We find no merit in the substance of Franco’s and Harter’s contentions that they are proper parties to this action. We do agree with them, however, that the real parties in interest defenses raised could not properly be adjudicated in a summary judgment. For that reason we vacate the trial court’s judgment and remand this case to the trial court with direction that the trial court dismiss the complaint. The record shows that Franco rented a jet ski for an hour from an entity known as Thrill Sports Entertainment. She agreed to be liable for all damage that might occur to the jet ski. Franco was operating the jet ski on Lake Lanier when the collision occurred, and Michael Harter, the son of Ron Harter, was riding with her. Franco and Harter alleged that the collision occurred when a 24-foot cruiser operated by Cox rammed the left rear side of the ski. Michael Harter’s father, Ron Harter, paid $4,660 to Thrill Sports, which had declared the ski a total loss. Franco’s claimed expenses and damages resulting from personal injury were settled by Cox’s insurer. Franco and Ron Harter brought this suit against Cox seeking damages in the amount of $4,660, the amount Franco now owes Ron Harter, and they also seek punitive damages, expenses of litigation, and attorney fees. The trial court granted summary judgment to Cox on the ground that neither Franco nor Harter was a proper party to assert these claims.
1. Franco and Harter contend in two enumerations that the trial court erred in granting summary judgment to Cox: 1 because Ron Harter is a proper party; and 2 because even if the trial court was correct, they were not given the opportunity to add the proper party. We do not agree.
