Transouthern Freight Systems, Inc. v. Astley, s. A91A1211

CourtUnited States Court of Appeals (Georgia)
Writing for the CourtBANKE
Citation411 S.E.2d 501,201 Ga.App. 521
Docket NumberNos. A91A1211,A91A1212,s. A91A1211
Decision Date04 September 1991

Page 501

411 S.E.2d 501
201 Ga.App. 521
Nos. A91A1211, A91A1212.
Court of Appeals of Georgia.
Sept. 4, 1991.
Reconsideration Denied Sept. 25, 1991.
Certiorari Denied Nov. 1, 1991.

[201 Ga.App. 523] Parkerson, Shelfer & Connell, George H. Connell, Jr., Decatur, for appellant.

Barry M. Hazen, Albert R. Sacks, Atlanta, for appellee.

[201 Ga.App. 521] BANKE, Presiding Judge.

Appellee Astley brought suit against appellant Transouthern Freight Systems, Inc., d/b/a Pilot Air Freight, to recover actual and punitive damages for injuries he had allegedly sustained when a vehicle he was driving was struck by a courier van which was owned by the appellant and which was being operated by a driver in its employ. The trial court directed a verdict in favor of the appellant with respect to the appellee's claim for punitive damages, and a jury thereafter returned a verdict in favor

Page 502

of the appellee for actual damages in the amount of $225,000. The appellant filed an appeal from the judgment entered in this verdict, and the appellee filed a cross-appeal.

As the appellant's driver, Richard Whitener, was attempting to turn left onto Shirley Drive from the southbound lanes of Fulton Industrial Boulevard, he observed that the vehicles in two of the three northbound lanes were stopped due to traffic that had backed up north of the intersection. These vehicles blocked Whitener's view of the remaining northbound lane, in which the appellee's vehicle was approaching the intersection. Whitener nevertheless proceeded to make his left turn, and as he was doing so he struck the appellee's vehicle on the driver's door. Whitener acknowledged at trial that his view of the appellee's lane was obstructed but testified that he was in a hurry to pick up an item from a customer's place of business before [201 Ga.App. 522] it closed at 5:00 p.m. and that he thought he "had a clear shot across" the intersection. The appellee testified that he did not see Whitener's van until the "instant before impact," and Whitener conceded that there was nothing the appellee could have done to avoid the collision. Held:

1. The appellant contends that it was entitled to a directed verdict on the ground that Whitener was an independent contractor rather than an employee acting within the scope of his employment. This contention is clearly without merit. It was established that all of the vans...

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2 cases
  • Mauldin v. Weinstock, A91A1691
    • United States
    • United States Court of Appeals (Georgia)
    • October 15, 1991
    ...370 411 S.E.2d 370 201 Ga.App. 514 MAULDIN v. WEINSTOCK. No. A91A1691. Court of Appeals of Georgia. Oct. 15, 1991. [201 Ga.App. 521] Frank L. Derrickson, Atlanta, for Mayer, Nations & Yates, J. Comer Yates, Weinstock & Scavo, Hillard J. Quint, Atlanta, for appellee. Michael Weinstock, pro s......
  • Jimenez v. Morgan Drive Away, Inc., A99A0597.
    • United States
    • United States Court of Appeals (Georgia)
    • June 23, 1999 lane, the charge on contributory and comparative negligence was authorized. See generally Transouthern Freight Systems v. Astley, 201 Ga.App. 521, 522(2), 411 S.E.2d 501 [238 Ga. App. 642] 3. Jimenez's and Chambers' contention that the trial court erred in giving a charge on avoidanc......

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