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Nelson v. Silver Dollar City Inc. d/b/a White Water Park

A 16-year-old lifeguard was not acting within scope of employment when she left work on a paid break to retrieve food for herself and her supervisor.

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In 1995, while on a thirty-minute paid break from her job as a lifeguard at White Water Park, Jenee Johnston, a 16-year-old licensed driver, struck another car on U.S. 41 Cobb Parkway. Tragically, three people were killed in the collision. Plaintiffs Tonya Nelson and Jessie Harvey are surviving relatives and the administrators of the estates of two of the victims. They filed wrongful death claims against Silver Dollar City, Inc., which operates under the White Water name hereinafter “White Water”, and Atlanta Structures, L.P. and TRC Realty, Inc.-III, the owners of the adjacent White Water Business Park, hereinafter collectively “Business Park”.

The defendants subsequently moved for summary judgment. The trial court granted partial summary judgment, but held that an issue of fact remained on the vicarious liability claim as to whether Johnston was acting in the scope of her employment at the time of the collision. The trial court granted the Business Park’s motion for summary judgment. Nelson and Harvey appeal the trial court’s order and White Water cross-appeals from the partial denial of its summary judgment motion.

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