Jones v. Adamson's, Inc.
| Decision Date | 25 September 1978 |
| Docket Number | No. 56175,56175 |
| Citation | 248 S.E.2d 514,147 Ga.App. 282 |
| Parties | JONES et al. v. ADAMSON'S, INC., et al. |
| Court | Georgia Court of Appeals |
Glen A. Garrett, Atlanta, for appellants.
I. J. Parkerson, Atlanta, Albert B. Wallace, Jonesboro, for appellees.
None of appellants' contentions illustrates that the trial court's grant of Adamson's motion for summary judgment was erroneous, and we therefore affirm that grant.
The appellants, Bobbie Jones and her two daughters, brought this action seeking recovery in negligence for the death of their father/husband, killed upon his automobile's collision with a two-ton truck driven by Adamson's fifteen-year-old son, Timothy. The truck belonged to a corporation, Adamson's, Inc., of which Adamson was the president and sole shareholder and the business of which was the construction of homes and the sale and repair of tractors, trucks and related equipment. Timothy and his cousin, Charles, worked for Adamson's, Inc., and, on the day of the accident, Adamson had given Charles permission to drive the truck to lunch. Timothy accompanied Charles and, on the way to lunch and just before the accident, Charles allowed Timothy to take over as driver. On deposition Adamson testified that the corporation had bought the truck for the corporation's uses and the truck had been used exclusively for corporate purposes. Adamson also stated that on prior occasions he had ridden with his son, who possessed a "learner's permit," while he drove the truck. Appellants appeal from the grant of Adamson's motion for summary judgment. The case as to Adamson's, Inc., remains pending below.
1. Because Adamson did not first make the motion in the trial court, we must deny his motion to dismiss alleging unreasonable and inexcusable delay in transmitting the record to this court. Southeastern Plumbing Supply Co. v. Lee, 232 Ga. 626, 208 S.E.2d 449 (1974).
2. Appellants contend the grant of summary judgment to Adamson was error because questions of fact remained as to his negligence in allowing his son, who was not licensed to drive "class D" vehicles, to operate the "class D" truck on prior occasions. Assuming appellants' contention is otherwise valid, the contention must nevertheless fail since the alleged negligence on prior occasions, as a matter of law, was not the proximate cause of this accident.
3. Furthermore, appellants' contention to the contrary, the family purpose doctrine does not here apply to raise a material issue of fact and render the grant of summary judgment improper. That doctrine is inapplicable because the facts in the record manifest that the truck was not furnished and maintained "for the purpose of being used by the members of the family for their pleasure and comfort . . ." Levy v. Rubin, 181 Ga. 187, 182 S.E. 176 (1935); cf. Culbreath v. Livingston, 134 Ga.App. 521, 215 S.E.2d 285 (1975). See also Hubert v. Harpe, 181 Ga. 168, 182 S.E. 167 (1935) and Griffin v. Russell, 144 Ga. 275, 87 S.E. 10 (1915).
4. Finally, appellants allege that grant of summary judgment was erroneous because the evidence showed that Adamson was individually liable as the alter ego of the corporation. We disagree. Notwithstanding Adamson's position as sole shareholder and president of Adamson's, Inc., "the...
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Blackston v. Shook and Fletcher Insulation Co.
...connection between a defendant's dereliction and a plaintiff's injuries is required in negligence cases. Jones v. Adamson's, Inc., 147 Ga.App. 282, 248 S.E.2d 514, 515 (1978); see also Douglas v. Smith, 578 F.2d 1169, 1175-76 (5th Cir.1978) (applying Georgia law). Reasons behind the require......
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General Ins. Services, Inc. v. Marcola, s. A97A1846
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Williams Plaza, Inc. v. Sedgefield Sportswear Div. of Blue Bell, Inc., 64584
...the disregard of its separate entity." Fla. etc. Tobacco Growers, supra, 150 Ga.App. at p. 35, 256 S.E.2d 644. In Jones v. Adamson's, Inc., 147 Ga.App. 282(4), 248 S.E.2d 514, the showing that a corporate defendant was owned by a single individual, who also served as its president, employed......
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Business Associations - Paul A. Quiros and Gregory M. Beil
...Midtown Properties, Inc. v. George F. Richardson, 139 Ga. App. 182, 185, 228 S.E.2d 303 (1976) and citing Jones v. Adamson's, Inc., 147 Ga. App. 282, 283-84, 248 S.E.2d 514 (1978)). 54. Id. 55. Id., 446 S.E.2d at 784-85. 56. Id. at 67-68, 446 S.E.2d at 785. 57. Id. at 68, 446 S.E.2d at 785 ......
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