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Williams v. Chick-fil-A7/6/2005
SMITH, P. J., ELLINGTON and ADAMS, JJ.
William J. Williams appeals from the Fulton County State Court's grant of summary judgment to Chick-fil-A, Inc. (hereinafter, "the corporation") in this wrongful death action. The cause of action arose from a collision between a car driven by Sheneta Garnett and a truck owned by the corporation and driven by Chick-fil-A restaurant operator Michael Matthew Brown. Williams brought the suit in his capacity as Administrator of the Estate of Sheneta Garnett and as Guardian ad litem for Garnett's minor child. Williams contends the trial court erred in finding as a matter of law that there was no agency relationship between the corporation and Brown at the time of the collision and, therefore, the corporation was not entitled to summary judgment. Finding no error, we affirm.
On motion for summary judgment, the movant has the burden of showing the absence of any genuine issue of material fact, and the opposing party is given the benefit of all reasonable doubts and all favorable inferences that may be drawn from the evidence. The movant has this burden even as to issues upon which the opposing party would have the trial burden.
(Citations and punctuation omitted.) Buchanan v. Canada Dry Corp., 138 Ga. App. 588, 590 (226 SE2d 613) (1976). Our review of the trial court's order is de novo. Schlotzsky's v. Hyde, 245 Ga. App. 888 (538 SE2d 561) (2000).
So viewed, the evidence showed that, in June 1996, Brown signed an "Independent Contractor's Agreement" to sublease and operate a Chick-fil-A fast food restaurant in Hiram, Georgia. Brown successfully operated the restaurant and, in February 1999, the corporation recognized Brown for outstanding financial performance during 1998. Through its "Symbol of Success" program, the corporation rewarded Brown by presenting him with the use of a 1999 Ford F-250 truck for one year, with the possibility that Brown could keep the truck longer if his sales remained high. The truck's doors were painted with signs promoting Chick-fil-A restaurants, and these signs were intended to benefit both the corporation and Brown's restaurant. The corporation owned and held title to the truck, paid for some operating costs, and provided insurance coverage for the truck during the first year. The corporation, however, did not retain the right to restrict or otherwise control Brown's operation of the truck.
On December 21, 1999, Brown was driving the truck home from a friend's house when he ran a stop sign and collided with a car driven by Sheneta Garnett. Garnett died as a result of the collision, and the administrator of her estate filed a wrongful death suit against Brown. The estate also sued the corporation, alleging that it was vicariously liable for Brown's negligence. After conducting a hearing on the corporation's motion for summary judgment, the trial court granted the motion, finding as a matter of law that there was no joint venture, employee/employer relationship, or agency relationship between Brown and the corporation as to the operation of the restaurant or the truck.
On appeal, Williams contends that the trial court erred in finding as a matter of law that no joint venture or agency relationship existed between Brown and the corporation at the time of the collision. A joint venture arises "where two or more parties combine their property or labor, or both, in a joint undertaking for profit, with rights of mutual control (provided the arrangement does not establish a partnership), so as to render all joint venturers liable for the negligence of the other." (Citation omitted.) Kissun v. Humana, 267 Ga. 419, 420 (479 SE2d 751) (1997). The right to exercise mutual control is a cru
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