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Clark v. Chorey9/9/1999
mployment at the time of the subject collision, and we do not consider the validity of that ruling here. Under the majority's holding, Chorey, Taylor could be liable in a case in which Vincent, Berg, the corporation whose check was being delivered, has been held not liable as a matter of law. Vincent, Chorey cannot be held liable for Chatham's act under the doctrine of respondeat superior under the facts of this case. Id.
Andrews v. Norvell, 65 Ga. App. 241 (15 SE2d 808) (1941), which the majority cites to support its argument, does not change this result. In Andrews, the plaintiff sued the employer of a bartender who played a practical joke on him and induced him to sit on a certain stool in the bar covered with a caustic compound. As this practical joke was performed while completing the exact duties for which the bartender was hired, namely greeting customers and serving drinks, this Court concluded that the bartender's employer could be held responsible for its employee's act under the doctrine of respondeat superior. Here, in direct contrast, Chatham was performing an act for an entirely separate corporation which related in no way to her duties as an employee of Vincent, Chorey. Andrews has no bearing on the outcome of this case.
The majority also relies on paragraph 6 of an affidavit prepared and submitted by Vincent, Berg in which its employee Eggert, states:
As part of its preparations to commence business, [Vincent, Berg] needed to establish phone services at its new offices. I asked Ms. Chatham if she would be willing to do a favor for [Vincent, Berg]. I did this in my capacity as an employee of Vincent, Chorey. This favor involved delivering a check to BellSouth for the establishment of phone service for [Vincent, Berg]. Ms. Chatham volunteered to take the check to BellSouth. (Emphasis supplied.)
Specifically, the majority focuses on Eggert's statement that she was acting in her capacity as a Vincent, Chorey employee when the favor was requested. However, this statement must be viewed in context. Eggert and Chatham had each already accepted employment with Vincent, Berg at the time of this incident. There is no evidence that any agent of Vincent, Chorey either requested or ratified Eggert's actions in this case, or that there was any benefit to Vincent, Chorey from the delivery. Moreover, Eggert's employment with Vincent, Chorey at the time of the accident is not controlling. Irrespective of Eggert's employment with Vincent, Chorey, Chatham was performing a personal favor exclusively for the benefit of her future employer, Vincent, Berg, and, as discussed above, this fact precludes a finding of any liability by Vincent, Chorey.
The trial court properly granted summary judgment to Vincent, Chorey.
I am authorized to state that Chief Judge Johnson and Presiding Judge Pope join in this Dissent.
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