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Stallings v. Sylvania Ford-Mercury Inc.

An automobile dealership did not create an agency relationship with a driver when it loaned her a car in exchange for the car she left at the dealership for repairs.

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Gloria Stallings brought this automobile accident collision action against numerous defendants, including not only the driver of the other vehicle, Kennedy1 , and her father but also Sylvania Ford-Mercury, Inc., Effingham County, and the Georgia Department of Transportation. Her claims against Sylvania, an automobile dealership, are based on her contention that Kennedy was acting as Sylvania’s agent in driving a “loaner” car that Sylvania gave to Kennedy while performing repairs on her father’s truck or, alternatively, that Kennedy, her father, and Sylvania were partners in a joint venture. The trial court granted summary judgment in favor of Sylvania, and Stallings appeals. Because Stallings’s arguments are without merit and based upon significant misunderstandings of the Georgia law of agency and joint venture, we affirm the trial court’s thorough and well-crafted order.

1. No agency relationship was created here. First, Georgia law is abundantly clear that a “loaner” arrangement between car dealers and mechanics and their customers is a bailment, not an agency. Nolley v. Maryland Cas. Ins. Co., 222 Ga. App. 901, 902 1 476 SE2d 622 1996 written agreement; Johnson v. Hardwick, 212 Ga. App. 44, 45 2 441 SE2d 450 1994 no written agreement; still considered bailment.

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