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Wade v. Georgia Diversified Industries9/24/1999
as no longer within the scope of her employment at the time of the crash. American Mutual Liability Insurance Company v. Curry, 187 Ga. 342, 359 (3), supra. From this evidence, a jury would be authorized to conclude that, as to plaintiffs' decedent Ms. Wade, the ride home by Mr. Ivey in his personal vehicle was a mere accommodation by a fellow employee and that Ms. Wade's injuries did not arise out of and in the scope of her employment, sealing packages at Diversified. O'Kelley v. Gates, 160 Ga. App. 400, 401 (287 SE2d 262). The legal consequence of such a finding is that this tort action is not barred by OCGA ยง 34-9-11 (a). The trial court erred in granting summary judgment to Diversified and Mr. Ivey as genuine issues of material fact remain for a jury to resolve.
Judgment reversed. Johnson, C. J., and Phipps, J., concur.
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