Ridgeway v. Whisman, No. A93A0891
| Court | United States Court of Appeals (Georgia) |
| Writing for the Court | ANDREWS; POPE |
| Citation | 435 S.E.2d 624,210 Ga.App. 169 |
| Parties | RIDGEWAY et al. v. WHISMAN et al. |
| Decision Date | 03 September 1993 |
| Docket Number | No. A93A0891 |
Page 624
v.
WHISMAN et al.
Page 625
[210 Ga.App. 171] Downey, Cleveland, Parker, Williams & Davis, Y. Kevin Williams, Rodney S. Shockley, Marietta, for appellants.
Greer, Klosik & Daugherty, Richard G. Greer, Atlanta, Robert F. Webb, Kris K. Skaar, Marietta, for appellees.
[210 Ga.App. 169] ANDREWS, Judge.
The natural parents of Linda Whisman sued Victoria Ridgeway for the wrongful death of their daughter, Linda, who was killed in an automobile accident while driving Ridgeway's car. 1 The trial court denied Ridgeway's motion for summary judgment, and we granted her application for this interlocutory appeal.
At about 2:00 a.m. on the day prior to the fatal accident, the decedent, Whisman, age 22, and Ridgeway began consuming beer
Page 626
and other alcoholic beverages. They each consumed six or seven beers at Whisman's residence prior to being driven by a friend to a bar at about 7:00 p.m., where they continued to drink, and Whisman consumed more beer and some mixed drinks. They left the bar together at about 2:00 a.m., and the same friend drove them back to Whisman's residence, at which time Whisman became upset because her fiance was not there. At about 3:00 or 4:00 a.m. Whisman, who had the keys to Ridgeway's car from having driven it earlier the previous day, stated she was going, with or without Ridgeway, to look for her fiance. Ridgeway testified on deposition that, because of the alcohol they had consumed, neither she nor Whisman was in any condition to drive an automobile. After Ridgeway unsuccessfully attempted to dissuade Whisman, she nevertheless allowed Whisman to drive her car, and accompanied her as a passenger. At about 4:40 a.m., evidence shows Whisman lost control of the car, as the result of her own driving, or the negligence of an alleged "John Doe" driver of another car, or both, and drove off the road. In the ensuing crash, Whisman died, and Ridgeway was injured.The action against Ridgeway is based on the theory that Ridgeway negligently entrusted her automobile to Whisman, who she knew to be intoxicated, and that Ridgeway's negligence in so doing was a proximate cause of Whisman's death. It is well settled that one who negligently entrusts an automobile to a noticeably intoxicated driver, may be held liable for injuries to third parties caused by the intoxicated driver's negligent operation of the automobile. "[A] person who entrusts a motor vehicle to an incompetent driver who is likely to cause injury to others through its use is liable for any damages resulting therefrom, and this principle has generally been applied to cases where one entrusts a vehicle to another who he knows, or should know, is intoxicated...." Jones v. Cloud, 119 Ga.App. 697, 699, 168 S.E.2d 598 (1969);...
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Zaldivar v. Prickett, No. S14G1778.
...cause of an injury to the person to whom the instrumentality was entrusted, Prickett added, citing 774 S.E.2d 691Ridgeway v. Whisman, 210 Ga.App. 169, 435 S.E.2d 624 (1993), a case in which the Court of Appeals suggested just that. Zaldivar noted, on the other hand, that OCGA § 51–12–33(c) ......
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Zaldivar v. Prickett, No. A14A0113.
...negligence breaks the causal connection between the entrustor's negligent act and the driver's injury. See, e.g., Ridgeway v. Whisman, 210 Ga.App. 169, 170, 435 S.E.2d 624 (1993). Thus, under these peculiar facts, despite the defendant's creative argument to the contrary, even if Prickett h......
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Turner v. Sumter Self Storage Co., No. A94A1530
...ordinary care for their own safety is also a question for the jury except in plain and indisputable cases. Ridgeway v. Whisman, 210 Ga.App. 169, 170, 435 S.E.2d 624; Taylor v. McClendon, 205 Ga.App. 390, 391, 422 S.E.2d 440. Considering the evidence discussed above, it cannot be said that, ......
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Reidling v. Holcomb, No. A97A0871
...Ga. 569, 570, 398 S.E.2d 16 (1990); Leonardson v. Georgia Power Co., 210 Ga.App. 574, 576, 436 S.E.2d 690 (1993); Ridgeway v. Whisman, 210 Ga.App. 169, 170, 435 S.E.2d 624 (1993); Whatley v. Henry, 65 Ga.App. 668, 674, 16 S.E.2d 214 2. The theory of recovery for unjust enrichment arises bot......
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Zaldivar v. Prickett, No. S14G1778.
...cause of an injury to the person to whom the instrumentality was entrusted, Prickett added, citing 774 S.E.2d 691Ridgeway v. Whisman, 210 Ga.App. 169, 435 S.E.2d 624 (1993), a case in which the Court of Appeals suggested just that. Zaldivar noted, on the other hand, that OCGA § 51–12–33(c) ......
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Zaldivar v. Prickett, No. A14A0113.
...negligence breaks the causal connection between the entrustor's negligent act and the driver's injury. See, e.g., Ridgeway v. Whisman, 210 Ga.App. 169, 170, 435 S.E.2d 624 (1993). Thus, under these peculiar facts, despite the defendant's creative argument to the contrary, even if Prickett h......
-
Turner v. Sumter Self Storage Co., No. A94A1530
...ordinary care for their own safety is also a question for the jury except in plain and indisputable cases. Ridgeway v. Whisman, 210 Ga.App. 169, 170, 435 S.E.2d 624; Taylor v. McClendon, 205 Ga.App. 390, 391, 422 S.E.2d 440. Considering the evidence discussed above, it cannot be said that, ......
-
Reidling v. Holcomb, No. A97A0871
...Ga. 569, 570, 398 S.E.2d 16 (1990); Leonardson v. Georgia Power Co., 210 Ga.App. 574, 576, 436 S.E.2d 690 (1993); Ridgeway v. Whisman, 210 Ga.App. 169, 170, 435 S.E.2d 624 (1993); Whatley v. Henry, 65 Ga.App. 668, 674, 16 S.E.2d 214 2. The theory of recovery for unjust enrichment arises bot......