Watson Used Cars, LLC v. Kirkland et al

The trial court erred in denying defendant's motion for summary judgment in sheriff's deputy's suit to recover for injuries he sustained in an automobile collision while on duty because the Fireman's Rule applied and precluded recovery.

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Andrews, Judge.Baker County Sheriff’s Deputy James Todd Kirkland and his wife (collectively, “Kirkland”) sued Watson Used Cars, LLC (“Watson”) to recover for injuries Kirkland sustained in an automobile collision while on duty, alleging that the wreck was caused by grass clippings Watson negligently left on the highway. Watson moved for summary judgment, arguing that the Fireman’s Rule barred suit. The trial court denied the motion, and we granted Watson’s application for interlocutory appeal. For reasons that follow, we reverse.

Summary judgment is proper when no genuine issues of material fact remain and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 (c). We review a trial court’s summary judgment ruling de novo, construing the evidence in the light most favorable to the nonmovant. Home Builders Assn. of Savannah v. Chatham County, 276 Ga. 243, 245 (1) (577 SE2d 564) (2003).So viewed, the record shows that on July 12, 2013, an employee of Watson, which is located on Highway 253, mowed the grass and blew grass clippings onto the highway. For purposes of this appeal, Watson concedes that this act was negligent. Later that same day, Robert Lynch was traveling on Highway 253 on his way home from work when it started raining. As Lynch drove over the wet grass clippings, his vehicle lost traction, slid off the roadway to the right, flipped over, and came to rest upright in a field. Lynch called 911 and reported the wreck.

Watson Used Cars, LLC v. Kirkland et al

The trial court erred in denying defendant's motion for summary judgment in sheriff's deputy's suit to recover for injuries he sustained in an automobile collision while on duty because the Fireman's Rule applied and precluded recovery.

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